FW: [ VXCMD] Time limited demo

[Lynn Fredricks]

> Lynn, I have just took time to read the EULA agreement for vxcmd 
> product and nowhere it says that we can't distribute unserialized 
> copies. Neither I see there anything that would prevent us using the 
> timeout feature. So, as far as I can see, whoever posted the original 
> question about using timeout for timing out his demo, can do it 
> without problems.

If its not a specifically granted right, you cannot do it.

I did not say you cannot use the timeout feature, only my understanding
is that to do that, the component must be unserialized.

> It appears that you have confused vxcmd with another Valentina 
> product. As it is written, EULA for vxcmd recognizes that it is 
> distributed as a library and as such it is not serialized but must be 
> included with each copy of our product.

Id have to download and check the license that Ruslan has included,
however the current license I have, which is version 020310 says the
following:

"(1) You agree to distribute the components of the Software only in
compiled or object form, as a
component of a compiled application;"

So yes, he can include components of the software in his app so long as
it meets this requirement among others. No, this doesn't say "serialized
components"

"(3) You may not make or distribute copies of the Software, or
electronically transfer the Software
from one computer to another or over a network."

"(7) You acknowledge that Paradigma shall have sole and exclusive
authority to determine your
compliance with this Agreement, and that you will comply with any and
all portions of this
Agreement and the rights of Paradigma stated therein."

Software = what you download and license from Paradigma, of which only
components may be used as mentioned under (1) above. It does not grant
any right to distribute the "Software" in any other way, or break it up
in other ways into subcomponents except under #1 above (and with the
other limitations).

I agree that under the EULA as is, it isnt crystal clear that the
component must be serialized, though it's a little more clear under
Section 5.2 if you are a custom software developer doing work for
someone else, in which case, you are required to confirm that it is
serialized using the serial number of the other party. My assumption is
that the original poster is not creating a work for another party so may
be section 5.2 doesn't apply.

You can certainly make an argument that if the component is serialized
at runtime by passing an encrypted copy of the serial number at that
time that its effectively serialized so that it obliviates any concerns
under (3). The EULA doesn't say that specifically so there is some risk
of being in violation of the EULA since all rights are otherwise
reserved -- and Im interpreting it is the strictest sense until such a
time as the EULA is revised.

The EULA is about to be reviewed and revised anyway for Valentina 2
products, and the discussion we've had on serialization makes me think
we need to incorporate something a bit clearer on serialization matters.
In the meantime, Im going to interpret the current license in the
stricted sense until we've had enough time to weigh the pros and cons of
risk for Paradigma in the revision, because Valentina is at the heart of
all portions of Paradigma's business (and Ruslan's love-child). If
someone needs to ship product next week and they are waiting for an
answer, they should be in direct contact with me since we wrote the
original EULA -- and our goal is not to confound anyone's business. But
don't expect any "shoot for the hip" interpretation on the mailing list
in the meantime.

Best regards,


Lynn Fredricks
President
Proactive International, LLC

http://www.proactive-intl.com