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Posted: 13 Dec 2007 14:51
by admin
Jeff Bellune wrote:Perhaps a different or more complete wording of the license is in order?
I was misleading. The crucial point is using the
program, not the computers. In simple words: everybody who uses XY needs a license.
Posted: 13 Dec 2007 15:46
by Jeff Bellune
So would it be correct to say that if a family has one computer that is used by Mom, Dad, Sister and Brother, that four (4) licenses for XYplorer would be required?
Posted: 13 Dec 2007 16:22
by admin
Jeff Bellune wrote:So would it be correct to say that if a family has one computer that is used by Mom, Dad, Sister and Brother, that four (4) licenses for XYplorer would be required?
Yes, if they all use XY.
Posted: 13 Dec 2007 16:39
by Jeff Bellune
Thanks for clearing things up for me, Don. Good luck to you as you move forward with XY's development!
Best regards,
-Jeff
Posted: 13 Dec 2007 16:41
by serendipity
admin wrote:Jeff Bellune wrote:So would it be correct to say that if a family has one computer that is used by Mom, Dad, Sister and Brother, that four (4) licenses for XYplorer would be required?
Yes, if they all use XY.
hmmm, I thought differently too. My understanding was, its OK to have one license for one PC, because two people cannot use the same PC at the same time. For eg, when my brother is using my PC i obviously cannot use it at the same time so that should be OK, right? Problem is only when I buy one license and distribute it at home for several installations. Ofcourse, in office it is strictly individual license.
Posted: 13 Dec 2007 16:50
by graham
So would it be correct to say that if a family has one computer that is used by Mom, Dad, Sister and Brother, that four (4) licenses for XYplorer would be required?
Yes, if they all use XY.
Whilst you are in negative selling mode may I suggest you alter the license terms to include family situations as opposed to employer. The fact is this is word play and you will only put off customers if you are pedantic on this.
Time for a long earned rest -
I shall also take a rest from forum activity and spare you the frustration of responding to what must be generally thought as simplistic comments.
Posted: 13 Dec 2007 16:54
by admin
serendipity wrote:admin wrote:Jeff Bellune wrote:So would it be correct to say that if a family has one computer that is used by Mom, Dad, Sister and Brother, that four (4) licenses for XYplorer would be required?
Yes, if they all use XY.
hmmm, I thought differently too. My understanding was, its OK to have one license for one PC, because two people cannot use the same PC at the same time. For eg, when my brother is using my PC i obviously cannot use it at the same time so that should be OK, right? Problem is only when I buy one license and distribute it at home for several installations. Ofcourse, in office it is strictly individual license.
What part of this is unclear?
Code: Select all
As an individual person, you need a license to use XYplorer. This license grants you a non-exclusive and non-transferable right to use XYplorer on any number and kind of devices. As an employer, you need a license for each employee using XYplorer.
The definition has been discussed in this forum extensively, and I'm quite happy with it. Since then I did not have a single case of confusion (until today).
Posted: 13 Dec 2007 17:23
by Gandolf
I agree with you Don, there is nothing ambiguous about the wording. The license is to the person and that person may use XY wherever they wish.
However, a family situation could be regarded as different. With only one machine should the owner of that machine (and therefore the licence holder of XY) let another family member use XY on his machine? That's not the same as a family with multiple machines that each member of the family uses, which would require individual licenses, as the licence stands at the moment.
Posted: 13 Dec 2007 17:38
by serendipity
The latter part of statement "As an employer..." is not any different since you already stated before that "This license grants you a non-exclusive and non-transferable right...".
In my understanding you can make it simpler (unless you change something for family situation), "One license per individual which is non-transferable. You can use it on multiple devices".
Posted: 13 Dec 2007 18:02
by admin
Gandolf wrote:I agree with you Don, there is nothing ambiguous about the wording. The license is to the person and that person may use XY wherever they wish.
However, a family situation could be regarded as different. With only one machine should the owner of that machine (and therefore the licence holder of XY) let another family member use XY on his machine? That's not the same as a family with multiple machines that each member of the family uses, which would require individual licenses, as the licence stands at the moment.
For better or worse, language always leaves room for interpretation. As a father who lets other family members use XY on his machine once in a while I would not think a second about buying extra licenses for them. Of course, one license does cover this!
This is also obvious from a commercial POV: as an independent software developer I need every sale. Better one license sold and misused by a whole family clan of 120 members than nothing sold!
Posted: 13 Dec 2007 18:05
by admin
serendipity wrote:The latter part of statement "As an employer..." is not any different since you already stated before that "This license grants you a non-exclusive and non-transferable right...".
In my understanding you can make it simpler (unless you change something for family situation), "One license per individual which is non-transferable. You can use it on multiple devices".
"As an employer..." is different: it treats users as replaceable fillers of workplaces, not as specific individuals. When you are fired you also lose your right to use XY. Life's hard...
Posted: 13 Dec 2007 18:17
by admin
A general note on paying for licenses. (I'm talking about small software enterprises here, not the big companies of course.)
Let's stay realistic. There is no software police. Nobody will shoot you if you use the license from your girl friend or father. Nobody will ever know. There is no law enforcement. Paying for licenses is always a kind of voluntary appreciation for the work of an independent software developer. It means that you give something back to somebody who spends day and night over source code. It's a question of honor.
The license definition is not so important after all. It should be clear: You need a good software, I need money. And together we want to make this a win-win-situation. It's that simple. I do not have a lawyer. We all have a natural feeling for right or wrong. If you feel one license is good enough for your whole family, okay! Who can know better than you?!
Posted: 13 Dec 2007 18:28
by Jeff Bellune
admin wrote:For better or worse, language always leaves room for interpretation. As a father who lets other family members use XY on his machine once in a while I would not think a second about buying extra licenses for them. Of course, one license does cover this!
This is also obvious from a commercial POV: as an independent software developer I need every sale. Better one license sold and misused by a whole family clan of 120 members than nothing sold!
My point is, Don, that as a software user I want to comply with the legal terms of the license as well as any moral implications of the license.
I have never used (or even encountered) a software license that is per-person, yet can be used on however many machines one wants. This is a new paradigm as I see it.
The lack of confusion here in the forum before today may well be because others just assume that the XY license is like any other license. Many won't even bother to read the license agreement. My search for a multiple-license discount is what led me to your license terms and the big surprise that it held.
Most likely I will be the only one who ever uses XY on my family's machines. But I can't guarantee that will always be true. I would rather spend additional money now than take a chance of abusing a license later.
I'm not a software developer. But I have friends who are and because of that I am particularly sensitive about software piracy. I'm also selfish, because I feel like if I paid for mine, then you should pay for yours. And it's the pirates who make my life miserable because now I have to activate, deactivate, change licenses, uninstall, reinstall and otherwise jump through hoops just to use software for which I have a legitimate license. How many lost hours of productivity are a result of battling and conforming to odd-ball and intrusive licensing schemes, and all because of pirates?
GP Software's license for Directory Opus is more traditional, yet even at that it is more restrictive than other software licenses that are per-machine. I thought I'd found an incredible deal with XYplorer's license. It may still be a good deal, but not as good as I once thought. It certainly doesn't tip the scales in favor of XY over DOpus. And, once again, here I am having to spend more hours of my time than is proper on issues that arise only because of software pirates.
Posted: 13 Dec 2007 18:59
by serendipity
admin wrote:serendipity wrote:The latter part of statement "As an employer..." is not any different since you already stated before that "This license grants you a non-exclusive and non-transferable right...".
In my understanding you can make it simpler (unless you change something for family situation), "One license per individual which is non-transferable. You can use it on multiple devices".
"As an employer..." is different: it treats users as replaceable fillers of workplaces, not as specific individuals. When you are fired you also lose your right to use XY. Life's hard...
Aah, yes. You got me there. Yes, life is hard ... (without XY)

.
Posted: 13 Dec 2007 19:05
by serendipity
admin wrote:A general note on paying for licenses. (I'm talking about small software enterprises here, not the big companies of course.)
Let's stay realistic. There is no software police. Nobody will shoot you if you use the license from your girl friend or father. Nobody will ever know. There is no law enforcement. Paying for licenses is always a kind of voluntary appreciation for the work of an independent software developer. It means that you give something back to somebody who spends day and night over source code. It's a question of honor.
The license definition is not so important after all. It should be clear: You need a good software, I need money. And together we want to make this a win-win-situation. It's that simple. I do not have a lawyer. We all have a natural feeling for right or wrong. If you feel one license is good enough for your whole family, okay! Who can know better than you?!
You said it Don. Its a moral thing.
And Jeff, developers would be much richer than what they are if users where as thoughtful as you. Unfortunately, most people out there think softwares are like free lunch.