Oops... I guess it isn't subject to a license anymore.
A bit of fun, regarding Autodesk's software license agreements.
Autodesk includes a clause in their licenses, that if you sell your copy of AutoCAD (the box, documentation and disks), your software license automatically terminates.
Yep -- if you sell your copy of AutoCAD, you're no longer authorized to use it. All of Autodesk's obligations to you immediately cease. And all of your obligations to Autodesk immediately cease. There is no license agreement in force.
That means you can't transfer your license agreement to the buyer... because you no longer *have* a license agreement to transfer. All you can transfer is the box, documentation, and disk. Autodesk no longer has any recourse against you, because your license with them no longer exists.
Yet, if the buyer (who bought a box, documentation, and disk from you) happens to insert the disk into their computer... up will pop a screen that says... "Autodesk is willing to license the accompanying software to you only upon the condition that you accept all of the terms contained in this license agreement..."
Wow... imagine that. The software clearly popped up a bonafide offer from Autodesk to license the buyer the software. No need to transfer the original license -- the software happily offers the buyer a brand new license.
Now, some lawyers might argue that this doesn't mean anything... but that would be a dangerous argument, don't you think? It could turn around on them, and undermine any chance that courts would be willing to enforce the validity of clickthrough agreements in other cases.
I think this is hilarious. I think it's so hilarious that Autodesk's lawyers don't even want to consider that it might be true.
(I am not a lawyer, though I've hired enough of them in the past. You want to legal advice on software licensing? Get your own lawyer. Consider my comments here for "entertainment purposes only.")
Evan Yares
in Licensing, The CAD Industry
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2 Comments
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1 Reference
Reader Comments (2)
A bit of fun at Autodesk's expense is maybe another way of saying a similar thing, but the even funnier part is that Autodesk employees and dealers actually believe their contracts are valid.
With my experiences I believe these contracts are similar to a door a person thinks is locked but if they would only turn the handle they would find differently.
R.Paul Waddington.
FYI:
I am no longer writing for CADALYST. Also, I am the only author/ Industry analyst who actually uses the software to design real buildings that are professionally sealed, and get built. I saw your pundits list. Please list me also, but not as a pundit. Please list me as a practicing professional architect that actually uses the software about which he talks and writes.
Ed Goldberg AIA, NCARB - Principal of HEGRA Architects.
h.e.goldberg@verizon.net