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Archived Message:

Resale Rights or Not?

 »for Autoresponder Unlimited.
 
JRSnottingham I purchased Autoresponder Unlimited, and look forward to trying it out.  The Readme.txt says that it comes with full resale rights. But the cgi scripts themselves say "personal use only - you may not resell or release this program to others".  So are we to assume that the Readme takes precedence over the scripts themselves?  Note I have no plans to resell, I did not buy it with this in mind, so I don't feel dis-appointed.  However I can see situations where I might want to give it away, or include it in a package with something else.

Any views appreciated, thanks.


Posted on: 7:08 pm on April 12, 2004
EBookCompiler Hi again

We purchased master resell rights, from a reputable vendor, for a whole package of stuff, which included this particular product.  

This is a direct quote from the "thank you" page, above the link we get the original "Congratulations, You now Own the Master Resale Rights to..." (followed by a list of software including the autoresponder unlimited zip file.

In fact, I would need to check, but I believe we may even have master resell rights to this package from more than one vendor.

In general, "Resell Rights" means that the purchaser (in this case us), can resell it.

In general, "Master Resell Rights" means that the purchaser (in this case us), can resell the product with resell rights included.  So the purchaser's customers (in this case, you), also can resell the product.

In general, what is sometimes not clear with Master Resell Rights is whether the purchaser's customers' (i.e. you) get master resell rights (i.e. so your customers can then resell the script), or just resell rights (so you can sell the script to your customers and then they can use it but not resell it).

In general, what is also not always clear is whether the package can be altered or added too, e.g. can we add a better explanation to the readme and re-zip the contents.  


I also did some quick checking

1. The original developer's site says they have sold the resell rights and master rights to this program (they are now doing something else)

2. Quite a number of sites offer packages including this product with master resell rights.


Based on this and the content of the package, it is my *belief*

(a) You do have resell rights, i.e. you can offer the script to your customers

(b) You *probably* do have master resell rights, i.e. your customers can themselves resell the script.  This matches the overall packaging of the product.

(c) The text in other files "contradicting" the readme, applies to the original version of this script predating the institution of this reseller rights distribution, presumably when the vendor sold it directly to customers.

(d) It would probably not be wise to alter the script or package, without explicit permission, when distributing (the product itself gives you permission to alter it on your own site I believe).   This is a slightly different issue from (a) to (c). as this involves preparation of a derivative work (something which requires permission of the copyright holder), rather than distribution (a  different something which requires permission of the copyright holder).  


It wasn't aware of this lack clarity in the documentation previously, thank you for bring it up.

Hold off distributing for a couple of days, and I will get a definitive answer.

If it in anyway turns out got less than you wanted/expected/were-told (even in a minor way), I will refund or give you a freebie (your choice, although there may be some restrictions on choices of applicable freebies) to make it up to you.



Posted on: 5:27 am on April 13, 2004
JRSnottingham Thanks very much for your care and completeness in replying.  This is the kind of thing which gives your sites a good name!

Just to be clear, I have NO feelings of loss, or of being deceived.  I bought it for my own use, the resale issue is all "extra" for me, if it is okay, it is a bonus, if not, I still have exactly what I paid for (assuming I can get it to work <grin>. So thanks, but no refunds or freebies are needed.


Posted on: 7:36 am on April 13, 2004
EBookCompiler Yes

I have confirmation from the author of Autoresponder Unlimited, this is a quote: "The rights Autoresponder Unlimited has been sold a long time ago to master resellers. Your seller should be able to help you on this. Whatever their terms are, then that should prevail."

I also have confirmation from the person I bought the rights from (i.e. the seller)


Posted on: 6:28 am on April 22, 2004
EBookCompiler Verbatim copy (with permission) of relevant part of email from the seller:

I actually bought this product separately myself
some time back - from a site that was selling
it with master resale rights.

Likewise, if you run a search on Google, you'll
find plenty of sites selling it with resale rights.

The legal text at the end of the PDF seems to
be standard copy/paste stuff, so I wouldn't pay
too much attention to that. The statement inside
the script is more telling, but I'd imagine it's
an oversight.

The scripts are, to my knowledge, the same
scripts that were developed by the people at
www.sellwide.com.I've been on Sellwide's
autoresponder follow-up for some time now
and I know that they occassionally make some
of their scripts available with resale rights.

It costs in the region of $1000, and you're allow
to full re-brand, alter, customize them afterwards.

My conclusion is that the TXT file is the one
to 'trust' and the assumption must be that resale
rights are included.

I hope that helps.

All the best,

Michael
http://www.bizzydays.com


Posted on: 7:04 am on April 22, 2004
EBookCompiler here is the verbatim quote from original developer of the Autoresponder Unlimited script

Hi Sunil,

Thanks for the email and sorry for the very late reply.
The rights Autoresponder Unlimited has been sold a long time ago
to master resellers. Your seller should be able to help
you on this. Whatever their terms are, then that should
prevail.

By the way, up to now nothing can compare to your Ebook
Compiler!

I am a happy customer of yours as well.

All the best,

Tess Rupprecht ( maiden name Maria Teresa Altamero)


Posted on: 12:54 am on April 25, 2004

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