Can We Give Away PS CS?

When we upgrade to PS CS2, can we give away our copy of PS CS (assuming we
remove from our computers)? Can the recipient install and register it? No,
I did not read the boilerplate when I installed it!

Seems strange that we would be expected to trash what we have paid for. On
the other hand, I'm pretty sure Adobe would do all its legal beagles could
do to dissuade the practice which could cut into CS2 sales.

????? . . . . patrick

 

No. You are buying the license. If you transfer it you can not use it
any longer.

 

If you bought a new full version of CS2, then you can transfer your CS
license to someone else.

If you bought an upgrade to CS2, your upgrade license is contingent on
owning CS; you cannot transfer your copy of CS.

 

I'm not sure I would agree. Adobe states:

Adobe Photoshop CS2 Upgrade
To install this upgrade successfully, you will need a
licensed version of any version of Adobe Photoshop, on the same platform as
this purchase.
NOTE:This upgrade does not apply to Adobe Photoshop
Elements, Photoshop Album, Photoshop Limited Edition, or PhotoDeluxe
licensed users.



It would seem then that if a licensed version of PShop (other than CS) was
owned, then the CS upgrade would be able to be transferred, as long as all
the usual requirements were followed -- deactivation, removal, etc.

Having said that, the Adobe End User Activation Agreement states in
pertinent part: "[a]ctivation transfer allows you to deactivate you copy of
Adobe Photoshop on this computer so that it can be activated on another
computer. Once activation transfer is complete you will not be able to run
Adobe Photoshop on this computer unless you reactivate it. Activation
transfer does not uninstall your product."

Further, section 4.4, No Transfer, of the End User Agreement states: "YOU
MAY NOT RENT, LEASE, SELL, SUBLICENSE . . . EXCEPT AS MAY BE PERMITTED
HEREIN. You may, however transfer all your rights to use this Software to
another individual or legal entity provided that: (a) you also transfer (i)
this agreement; (ii) the serial number(s) . . . YOU MAY NOT TRANSFER
EDUCATIONAL, PRE-RELEASE OR NOT FOR RESALE COPIES . . .."

So it seems the answer to the question is yes, as long as the copy of CS
was not the upgrade qualifying software used to purchase CS2.

And, of course, legal advice is only worth what you pay for it. So, if the
less than $150.00 were worth arguing with Adobe if it did not go smoothly,
then look carefully at the license agreement and see what the rest of it
says. There is a provision requiring both transferor and transferee to
supply written certification statements in writing to Adobe. Finally,
here's the kicker, it may take Adobe up to 6 weeks to confirm the transfer.
Hardly seems worth the hassle.

 

So this gist of this means:
You have bought a copy of CS but you don't own it - i.e. you can't sell
it or even give it away.
Many record companies have the same rules about ownership.
I guess no-one's ever challenged this contract as Adobe can fiddle and
faddle with implied remarks and unclear interpretations.

IMHO You can give away/sell CS(1) as it has been upgraded to 2. You
cannot make a copy of CS1 and sell that, but you can make a backup of
both discs in case the original disc goes bad.

If you buy CS2 outright then you hold complete rights to CS1 and it's
upgrades.

 

The distinction is that you purchase a license, which is a right to do
something, and in this case it's the right to use the product. It is not an
"ownership" interest. The usual rule is that a license is terminable at
will by either the licensor or the holder.

Hi Stewy,

You *do* have the right to transfer a license and its activation, if you
follow Adobe's licensing rules as I stated in my original post.

Most of the Agreement is a fairly standard end user software license
agreement. It is very one sided, as you'd expect in today's world. You
should see what agreements for highly proprietary intellectual property are
like -- much worse and onerous.

Yes, but only if CS(1) WAS NOT the licensed and authorized Adobe product
used to acquire CS(2).

No. You still only acquire a license and your use is subject to the terms
of the license.
--
Norm Michaels
- When we don't represent you, whatever we say in emails, whether helpful or
harmful, is not legal advice, and you can't rely on it. And you can't sue
us because of it.

 

Thanks, All, for very informative replies! The terms and conditions appear
reasonable to me. The issue that sways me is that I used the original CS to
qualify for the *upgrade* to CS2 so I'm realizing a savings of some $300 to
$400 associated with the original CS.
Now my problem will be testing if I can activate CS2 on three computers: a
desktop at each of our two residences and a notebook for travel. Again, I'll
not resist if the restrictions come down to two comuters only as I can leave
CS on the lesser used desktop.
Again, thanks for the considered replies (which I'm sure were informative to
many others also)!
.. . . . patrick

 

Are you asking a question or bitching about Adobe. Either way you can
not read.