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ispartacus75
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Joined: May 06, 2005
Posts: 54
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 Posted: Wed May 11, 2005 8:09 pm Post subject: |
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| Good spot but the software and PDA have to be sold as a package rather than selling the PDA to Bob and the software to Geoff |
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neil01
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Joined: May 06, 2005
Posts: 902
Location: Leeds
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| Posted: Wed May 11, 2005 10:53 pm Post subject: |
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| ispartacus75 wrote: | | Quote: | | I repeat, there is no legal difference between ownership of a book and software. Just 'cos company-X have it in their 'terms and conditions' doesn't make it legal |
This shows how little you know about the law.
If you accept the T&C of sale and use then you have accepted a legally binding contract.
If TOMTOM put a condition in there that you had to run around Picadilly Circus dressed as a pink elephant with the word anarchy taped to your ears you WOULD have to do it. And you would have TOMTOM to help you get there.
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[/quote]
Not 100% true in the UK. We have the Unfair Contract Terms Act 1977 http://www.dti.gov.uk/ccp/topics1/facts/unfairact1977.htm
Not only does this act prevent certain terms from having any effect, it can also result in the company being procecuted for including them. |
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ispartacus75
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Joined: May 06, 2005
Posts: 54
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| Posted: Thu May 12, 2005 7:20 am Post subject: |
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This is a good point (and thanks I have actually been loking for this in an unrelated matter)
However it was meant to refer to terms in contracts that would unfairly remove and seller liability and/or increase buyer liability, even to the point of sellers using it as a way to not provide a product at all.
My point was to illustrate to Lynz that the T&C she accepted were perfectly legal and that by accepting them there is no comeback on the seller, in this case TOMTOM
Anyway nice to see someone is on the ball, and thanks again for finding it. Helped me out greatly. |
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nigelp
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Joined: Feb 22, 2005
Posts: 40
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| Posted: Mon May 16, 2005 9:41 am Post subject: |
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I understand Lynz is upset, but unfortunately, I have had the same thing with software before, although people DO sell on software when they no longer need it, it doesnt make it legal.
Microsoft are very specific in this, if you have a PC with windows on it and at a later time but a new PC with no operating system on it, even if you throw the old pc away, the licence can NOT be used LEGALLY on the new PC, it is for the PC it was initially installed on and NO MORE.
This may not seem `fair` or `right`, but it is the law. |
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andyfr
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Joined: Oct 14, 2003
Posts: 100
Location: Highland - UK
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| Posted: Mon May 16, 2005 5:19 pm Post subject: |
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| nigelp wrote: | | Microsoft are very specific in this, if you have a PC with windows on it and at a later time but a new PC with no operating system on it, even if you throw the old pc away, the licence can NOT be used LEGALLY on the new PC, it is for the PC it was initially installed on and NO MORE. |
This only applies if the original PC came with an OEM licence. If you bought a separate licence then you can install it on a new PC provided that you have removed it from the old one.  |
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