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License Transfer - Terminated!

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I just got off the phone with Marcus Dulin at US customer sales and was informed that Nemetschek's license transfer program has been terminated.

I had used it in the past - when one of my subcontractors moved to Revit, I purchased his copy and added it to my firm's resources. At the time, Nemetschek would transfer the license for $100, allowing a reasonable way for licenses to stay in circulation and helping to justify to companies the wisdom of investing thousands of dollars in software.

It made a big difference in my software selection - believing the purchase to be an investment in an asset rather than a disposable tool.

Marcus informed me that the end user agreement prohibited re-selling of a license, so I looked it up (my verision 2008):

(d) Sub-license, sell, lend, rent, or lease any portion of the software without permission. The buyer may, after approval by NNA (or authorized VectorWorks distributor if not in the USA), permanently transfer all (but no portion thereof) of the software to another person or entity, who in turn is subject to this agreement.

Actually, it says nothing of the sort. Therefore, I interpret the current proclamation to be a change in policy. Given the significance of a policy change like this - affecting all current users, I would expect Nemetschek to issue a formal notice to all existing users. To my knowledge that has not happened.

Since this affects all users, I felt it appropriate to bring the matter to your attention.

I would strongly suggest letting Nemetschek know how you feel about it.

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I was planning to sell one of the copies I own to a friend of mine.

Marcus informed me that NNA would no longer grant permission for the transfer of ownership.

That caught me by surprise.

It's a significant change in policy/attitude and one that at least in my mind shouldn't be put into effect without advance notice.

If anyone from NNA would like to confirm or deny this policy change, I (and I think a lot of other people) would appreciate it!

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There are still a lot of variables in the situation so I can't directly comment on the specifics, but one of the things that comes to mind is that most people who have multiple licenses have purchased both "First Seat" and "Second Seat" licenses. The software is the same, but the purchase price for the second and up is substantially less than for a first seat.

If you were trying to transfer a "Second Seat" license to someone who would then use it as a "First Seat", I can see why NNA might not want to do that transfer.

Seeing how this did not get posted until late on Friday afternoon, it is likely that we will have to wait until at least Monday for NNA to get into the office and discuss with Marcus the exact circumstances.

Until then, I hope we can all avoid jumping to conclusions. It is possible that it was just an error.

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Guest Michael Pacylowski

Please let me appologize for the incorrect information that was communicated to you today. As Pat indicated, the current Vectorworks 2010 Professional EULA is similar to the 2008 one that you quoted in regard to license transfer. I do not have access to it right now, so I will not attempt to quote it, however Marcus' statement as you described would have been incorrect.

As the US Director of Sales and Marketing I will take responsibility for this error. Please feel free to contact me directly to clear this up.

Michael Pacylowski | US Director of Sales & Marketing


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