Using the PMDG 777 without internet ?

[Charliesierra14 0]

Good morning, I want to sale my computer with all the software (i have not many, only windows 7 + FSX + PMDG777)

I will give the CD and all the codes with the PC

but the customer do not have a internet connection ! (He is a old men, he want not internet ! and he is  only interested by the sim with this plane)  

The question is :

Can he use the PMDG without internet (i have register all the livery and the last update before) ?

I think he can't update the product and new livery (he say that is not important) but can he use the plane without problem ?

Perhaps the product will access to the PMDG center to control the setting of the plane before launching or sometimes  ? No ?

Thank for your answers (i apologise for my bad english...)

Christian

 

[rmeier 473]

Christian,

It appears that you are asking (public) assistance for something that in very high probability will violate PMDG's EULA (End User License Agreement). You may want to re-review that EULA that you agreed to when you purchased/installed the software originally.

Rob

[Charliesierra14 0]

Thanks Rob,

I never read the eula, because i am not familiar with english language ... and i think many people don t read the eula !

If i understand you, i can not sell the pmdg to other people  ? but i want to sell it with the cd and the code of activation and the computer where it is installed, and i think without this i can not use the pmdg on other computer (and i never use sim yet ) ?

Can you explain me clairly what i can dot without violation of the eula rules ? thanks for your reply 

christian

[rmeier 473]

Christian,

Attached is the link:

https://support.precisionmanuals.com/kb/a121/pmdg-pricing-and-license-policies.aspx

From this page:

"

PMDG Refund and Exchange Policy:
 

Given the nature of electronically delivered software, PMDG maintains a long standing no-refund policy.  Once a customer has completed purchase of a product and been issued a license key, the purchase is no longer refundable.

 

PMDG does not allow the resale of licenses purchased.  This is detailed in the End User License Agreement, which is governed under the laws of the United States of America.

"

 

I am not an attorney...just trying to offer some friendly guidance.

 

Rob

[Charliesierra14 0]

Ok rob, it is clear, i can not sale my computer with the pmdg...

i will uninstall the pmdg and destroy the cd and licence 

After that i can sell my computer to other people 

I think it is not logic because the pmdg was sold with the computer, but the rules is the rules ! 

Many thanks for your guidance 

 

[Richard McDonald Woods 168]

Perhaps it will help you to understand that you did not purchase the PMDG software. You purchased a license to use the PMDG software. The PMDG software always remains the property of PMDG.

This is why the PMDG EULA specifically prevents you transferring its use to another person. 😊

I have a background in professional hardware and software leasing, and Rob's advice for you to read the EULA is on target.

I hope this helps.

[Charliesierra14 0]

Thanks for your advice,

I bought the pmdg to aerosoft (dvd version) not direct to pmdg, do you think it is the same probleme ?

i have the invoice from aerosoft , the serial number was given by aerosoft (on the box), the computer where i have installed the product is unique and it is the product i want to sale .

Perhaps i can send a ticket to PMDG but they will answers the product is aerosoft ! and it is not supported by pmdg ....and for aerosoft i think they give me same answer ...

I am sad for "my customer"  (a old man who was an old pilot, he want a modern PC all installed ) and i am thinking about a legal solution for him.

Thanks for all your answers 

christian

 

[Richard McDonald Woods 168]

Christian,

I believe that your license/invoice shows that you purchased a license to use from PMDG, even though you paid and received it from their agent Aerosoft.

HTH

[Charliesierra14 0]

That is right ! Thanks

[Ephedrin 418]

Christian, as a side note... as the EULAs are written in perfect english the google translator has absolutely no problem to translate it into the most common languages. 

Most software, independent from flight sim, are sold only as a license. Some licenses are locked to one person, some to one computer and some allow a resell. It is important to read it, not to do so is no excuse if a company decides to sue someone due to violations. Most parts of the eula contain all that standard stuff regarding copies, uploads and risks, but whenever you plan to sell software (licenses) the eula is the first thing to look at. 

[Richard McDonald Woods 168]

Mark,

I have not come across a vendor whose EULA allows a 'resell'. The very concept with software means nothing surely? I can see no advantage to a vendor of bothering to try to maintain its records of who has a copy. And someone saying that they have 'sold' it  does not mean that they have not retained a copy for future personal use. An ensuing court case would have difficulty in proving/disproving the existence of copies.

The only logical way for vendors to protect their copyright is to retain their master copy of a piece of software and to then grant licenses to users to use a copy.

HTH

[JRBarrett 3,038]

If both you and the potential buyer live in a country which a member of the European Union, you may have the legal right to resell licensed software, but only a qualified attorney in your local area can properly advise you. Unfortunately, the cost of obtaining such advice may exceed the value of simply buying a new license.

[sivart2000 96]

Actually,  when intellectual property is sold attached to a medium of goods, ie. CD or DVD, you are allowed to resell it. If this were not the case, Game Stop, used record stores etc would be in violation of the law and clearly thats not the case.

The owners of the intellectual property may try to make it sound otherwise but legally, an officially distributed hard medium with intellectual property attached is perfectly legal to sell.

 

[sivart2000 96]

On 3/18/2019 at 7:15 AM, Richard McDonald Woods said:

On 3/18/2019 at 7:15 AM, Richard McDonald Woods said:

Mark,

I have not come across a vendor whose EULA allows a 'resell'. The very concept with software means nothing surely?

 

4 hours ago, sivart2000 said:

Actually,  when intellectual property is sold attached to a medium of goods, ie. CD or DVD, you are allowed to resell it. If this were not the case, Game Stop, used record stores etc would be in violation of the law and clearly thats not the case.

 

 

[Adrian123 1,015]

Bunch of lawyers and internet cops here. Sell it!