On Aug 30, 2008, at 10:19 AM, Joe Huber wrote:
At 6:37 PM +0200 8/30/08, Richard Altenburg (Brainchild) wrote:
Op 30 aug 2008, om 17:54 heeft Joe Huber het volgende geschreven:
You can't buy a copy of Leopard for installation on a new
machine. Apple only sells UPGRADE licenses. The only way to get a
new OSX license is to buy a new Mac.
I bought Mac OS X 10.5.4 Retail Family Pack just the other week
and I did upgrade one MacBook Pro from Tiger with it, but it looks
like I can install other machines from scratch if I wish to do
so...
Hi Richard
If you read the OSX software license, you'll see that the software
is an upgrade to your previous Macintosh software and that you're
only allowed to install it on Apple labeled Macintosh computers. It
is not a new license to use OSX, simply an upgrade to the license
you obtained when you bought your Apple labeled Macintosh.
SOFTWARE LICENSE AGREEMENT FOR MAC OS X
Single Use and Family Pack License for use on Apple-labeled Systems
A. Single Use. This License allows you to install, use and run one
(1) copy of the Apple Software on a single Apple-labeled computer
at a time. You agree not to install, use or run the Apple Software
on any non-Apple-labeled computer, or to enable others to do so.
B. Family Pack. If you have purchased a Mac OS X Family Pack, this
License allows you to install and use one (1) copy of the Apple
Software on up to a maximum of five (5) Apple-labeled computers at
a time
Updates: If an Apple Software update completely replaces (full
install) a previously licensed version of the Apple Software, you
may not use both versions of the Apple Software at the same time
nor may you transfer them separately.
Note that even doing a full install is simply an upgrade to your
previous license and you do NOT have a new license.
The only way to get a new OSX license is to buy a new Apple-labeled
Macintosh. Anything else is just an upgrade license.
With all due respect, Joe, I disagree with your interpretation.
I have the Leopard box right in front of me. Nowhere on the box does
it state that it is an upgrade, that some previous version of OS X
is required. Nor does the Leopard installer require a previously
installed version of OS X.
I inspected the Leopard licensing agreement, and yes, it does
contain the verbiage you've quoted above. However, I believe the
"Updates" passage refers to software such as 10.5.2, which
completely replaces 10.5.1; by Apple granting you a license for
10.5.2, they are replacing your license for 10.5.1.
I believe the "Updates" passage also applies to software provided
via the Mac OS X Up-To-Date program. Under that program, if you
purchased a Mac with (for example) 10.4 within 30 days of 10.5 being
released, they will send you an 10.5 Upgrade disc for a minimal
cost. This is a true "Update" for OS X, with a license that is
predicated on your owning a previous copy. I don't know if the
Leopard Up-To-Date discs check for Tiger before installing.
So, operating under this interpretation, you could not sell your
10.4 discs without also including the 10.5 Up-To-Date discs; nor
could you sell the 10.5 Up-To-Date discs without including the
original 10.4 discs. This is how licensing has worked forever in the
publishing field (Adobe, Macromedia, et al) and it is a very
well-established model.
Under this interpretation, when you purchase a retail version of OS
X, you have a license to it that is completely separate from any
other software license you may already possess. For example, if you
have a Mac with dead hard drive but you have lost or damaged the
10.4 install discs, you could purchase 10.5 and install it. If you
later found the 10.4 discs, you are entitled to use and install 10.4
separate from 10.5, on two different machines.
Even under your interpretation, wouldn't it be sufficient to
completely erase 10.4 from your hard drive before installing the
retail version of 10.5? Thus, 10.5 would not "completely replace"
10.4.
Hi Eric
One of the Prerequisites listed on the packaging is is a "Macintosh".
That's an Apple trademarked item that you can only buy from Apple.
The OSX software license says in several places that it can only be
installed on an "Apple-labeled Macintosh computer". No license is
given for installation on anything else.
The Upgrade clause says that using this software does not grant you
any new rights to use this OR PREVIOUS SOFTWARE on more than one
machine at a time. In other words if you had one license before you
bought and installed this software, you still have just one license.
You do not have an old license plus a new license. Since you still
have just one license, the software you bought did not confer a new
license. Hence it's just an upgrade to the license you already had.
ie the one you got when you bought that Mac.
Seems pretty straightforward to me...
Regards,
Joe Huber
Eric Williams
Oxalyn Software
http://software.oxalyn.com/
AE Monitor
http://software.oxalyn.com/AEMonitor/
_______________________________________________
Unsubscribe or switch delivery mode:
<http://www.realsoftware.com/support/listmanager/>
Search the archives:
<http://support.realsoftware.com/listarchives/lists.html>
_______________________________________________
Unsubscribe or switch delivery mode:
<http://www.realsoftware.com/support/listmanager/>
Search the archives:
<http://support.realsoftware.com/listarchives/lists.html>
|