NFR version legal question

  • Thread starter Thread starter Vovka
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Vovka

Hi all,

I need an advice from someone who understands Microsoft licensing policy and
regulations.
I bought MS VB.net via Reseller Evaluation Program and found that EULA says
that "Software identified as "Not for Resale" or "NFR," may not be sold or
otherwise transferred for value or used for any purpose other than
demonstration, test or evaluation."
So I feel confused: VB.net is a development tool and thus intended to be
used for developing of some application (for sale too). Can I legally sell
applications that I've developed (compiled) with that NFR version? I guess
I'm evaluating the product. For example, anyone can use all functions of
shareware products until evaluation period expires. Therefore, 'evaluation'
means 'unrestricted use'. Am I right?
Same thing about Windows XP. Can I install NFR version of WinXP and develop
my commercial applications on the computer with that NFR OS?

Thanks,
Vladimir
 
I would guess no. Any use other than "demonstration, test or
evaluation." would be a violation of the indicated legal uses. Development
is not demonstration, test or evaluation.
 
NFR order from contains next:
Products ordered with this form cannot be resold and can be used only for
employee home use, evaluation or testing, and customer demonstrations or
pilots.

Therefore, as I bought it for home use, it should be Ok... But EULA doesn't
contain that 'Home use'...
Thant's why I'm seeking for someone legal advise..

Vladimir
 
"Vovka" said in news:%[email protected]:
NFR order from contains next:
Products ordered with this form cannot be resold and can be used only
for employee home use, evaluation or testing, and customer
demonstrations or pilots.

Therefore, as I bought it for home use, it should be Ok... But EULA
doesn't contain that 'Home use'...
Thant's why I'm seeking for someone legal advise..

Vladimir
Click to expand...

As long as you continue "evaluating" your generated product then you are
okay. So as long as YOU are the only one using the generated program then
you are safe. I don't believe the license stipulates an expiration for
"evaluation".

However, you obviously cannot sell any program generated with this product.
You also cannot give away your generated program for free. NFR means you
are the only one that uses a copy of this product and you are the only one
that can use anything it generates. You cannot distribute ANYTHING that is
produced or generated using NFR licensed products. All NFR products and
anything they generated are available only unto a world comprised of just
yourself.


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Ok, it seems reasonable (about VB.Net). What about WinXP? If I use NFR
version of OS and install there FULL version of VB/any other develpoment
tool and compile executable - can I sell it? I'm evaluating WinXP (if it
works fine with VB.Net), and selling the product of fully licensed
software - VB.
Is it correct?

Vladimir
 
"Vovka" said in news:%23%[email protected]:
Ok, it seems reasonable (about VB.Net). What about WinXP? If I use NFR
version of OS and install there FULL version of VB/any other
develpoment tool and compile executable - can I sell it? I'm
evaluating WinXP (if it works fine with VB.Net), and selling the
product of fully licensed software - VB.
Is it correct?

Vladimir
Click to expand...

Is there an NFR version of Windows XP? Or maybe you're just thinking of the
trial version (if there is one). Guess you need to read the license to know
what you can do with anything produced while using that platform.

If you are *evaluating* whether or not the programming product on that OS
platform will work for you then don't expect to be able to distribute
anything produced in that environment. You are EVALUATING them! Once you
are *done* with evaluating them and decide to use them then BUY them and
only then begin your development cycle for a released product.


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