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Hey where can I sell my CS-Cart license? Rate Topic   * * * * * 1 votes

 
  • Lantan
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Posted 23 September 2011 - 03:31 PM #21

Hello everyone,

Thank you for discussing our licensing policy in this thread. I see it is a vital issue.

No doubt, any point of any license agreement has a reason why it exists. Sometimes the reason is not obvious as well as the point itself seems to be strange from some point of view. You can find dozens of such unfriendly points in license agreements of the most popular software.

Actually, any license agreement (like any law) limits someone's rights. So we are just discussing what our rights one or another agreement limits. Obviously, any limitation in any business agreement helps to protect the owner's business.

The current prohibition of reselling CS-Cart licenses protects:

1) all CS-Cart users from any risk of being scammed. A CS-Cart license can be purchased only on www.cs-cart.com or from the authorized resellers. Each of them is a legal entity (a company or a private entrepreneur) who provided us with a copy of their constituent documents and signed a contract with us. So, it is absolutely safe to buy from them.

Would like to buy a license from an unknown person? Are you ready to find out that a license that you paid is disabled or does not exist at all and the seller is not available anymore? Or will you be happy to find out that a shopping cart software license for which you paid $3'000 to some person costs $295?

2) CS-Cart resellers from unfair competition. A CS-Cart reseller cannot sell a license cheaper than $236. A private individual has no such commitments. In addition, due to the $60 and $140 discounts we offer for additional CS-Cart Professional and Multi-Vendor licenses, any person can buy any number of additional licenses from us and sell them to potential customers at the retail price, that actually makes him a reseller, but he is not with all sequential consequences.

3) the CS-Cart company from all the problems above that also affect our income and public image.

We think that this policy forbids no laws. A CS-Cart license is not a car that you buy and can do whatever with. It is a right to use one copy of CS-Cart software given to you by our company. This agreement is concluded between you and us. This right is not transferable. We have not concluded any agreements with the person to which you would like to sell your license.

As for "some persons were able to sell their licenses in the past". Yes, being the copyright owner we can use our exclusive rights when it is required ("written consent of the Company"). If I am not mistaken, we allowed it just a few times in very exceptional cases including our own mistakes.

As for "I sold company, why I cannot sell my CS-Cart license?". Well, did you buy your CS-Cart license as a private individual? If yes, then it is your private license that is not connected with your company. As I said above, private individuals cannot resell their licenses.

If your CS-Cart license was bought by your company (paid by your corporate credit card or from your company PayPal account), then exactly your company entered into a contract with the CS-Cart company. If your company is sold, that actually means that just some other people now manage and work for it, then nothing is changed concerning the relations between the CS-Cart company and a legal entity that bought the license. Your company CS-Cart license is not resold in this situation. But your company cannot just sell its website with CS-Cart on it to anybody else.

I hope these explanations make our position a bit more clear.

P.S. John (whiplash13), if eBay offers to buy your CS-Cart-based online store for 1.3 million dollars, please do not forget about us ;)
Alex Vinokurov,
Chief Visionary Officer at CS-Cart & Twigmo

 
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Posted 23 September 2011 - 06:45 PM #22

P.S. John (whiplash13), if eBay offers to buy your CS-Cart-based online store for 1.3 million dollars, please do not forget about us ;)


Having heard that explanation, I definitely feel better about it as all of my cs-cart licenses were purchased under my companies name. Thank you for clearing that up.

P.S. I won't forget about you guys. I will make them pay for the license anyway just so you guys get the extra $$ :)
John
CS Cart 4.2.4

 
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Posted 23 September 2011 - 07:06 PM #23

Thanks for the explanation!

I'm still not for sure some of your explanations about companies vs individual's will hold muster in a US court, but so be it. We are a company so I guess the individuals are just flat out of luck. Since a business entity (or sole proprietorship) can be an individual I still feel you are treading a touchy situation.

I could go through each one of your "reasons" and easily blow them out of the water, but it appears you have already made up your mind. Bottom line, while there is "reasoning" on some of your points, there are things you can easily do to make sure people aren't scammed or selling discounted, blah, blah.

Bottom line, if an individual or a company comes to you and shows they own a license that they do not want and wish to sell, then you should grant them permission to transfer that license to the new end user. I'm not saying you should not track it or that you should not still monitor the license, I'm just saying you should grant permission to any license holder.
Regards,
Jim

 
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Posted 26 September 2011 - 11:44 AM #24

Hello,

Having heard that explanation, I definitely feel better about it as all of my cs-cart licenses were purchased under my companies name. Thank you for clearing that up.

Not at all. I hope you are not a sole proprietorship (see below).

P.S. I won't forget about you guys. I will make them pay for the license anyway just so you guys get the extra $$ :)

:D

Since a business entity (or sole proprietorship) can be an individual I still feel you are treading a touchy situation.

Such individual is unable to transfer his CS-Cart license without violating the CS-Cart Software License Agreement, because he is a business entity, but he cannot sell himself.

I could go through each one of your "reasons" and easily blow them out of the water, but it appears you have already made up your mind. Bottom line, while there is "reasoning" on some of your points, there are things you can easily do to make sure people aren't scammed or selling discounted, blah, blah.

We can argue for months. I think our company should better focus on improving the CS-Cart software and our clients should use its full potential to earn more and more (rather than thinking about selling their license).

Bottom line, if an individual or a company comes to you and shows they own a license that they do not want and wish to sell, then you should grant them permission to transfer that license to the new end user. I'm not saying you should not track it or that you should not still monitor the license, I'm just saying you should grant permission to any license holder.

Thank you for suggesting it. We might change our license agreement in the future.
Alex Vinokurov,
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Posted 26 September 2011 - 01:26 PM #25

Hello,


Not at all. I hope you are not a sole proprietorship (see below).


Nope we are an S-Corp so we are good, not that we plan on selling anytime soon though.
John
CS Cart 4.2.4

 
  • ibodybuild
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Posted 03 October 2011 - 05:42 PM #26

Hello ibodybuild!

According to our License Agreement the license owner has no right to "sell, transfer, obligate, license, sublicense, rent, lease, give for temporary use, yield or convey (by selling, exchanging, giving as a gift, by law, or in any other way) the Program, any of its copies (or any of its parts), Licenses and other rights to them, partially or in full, to a third party without a prior written consent of the Company".

So, you are right, it is not allowed to sell a CS-Cart license.

We are sorry to hear that this fact does not suit you, but you were aware of it before purchasing a license and accepted our terms and conditions.


It's really unfortunate that you have this policy because I use to recommend your shopping cart software to friends and to members of my other sites, but I no longer do that since I completely disagree with your policy. You might want to think about whether this will hurt your sales in the long-run.

 
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Posted 03 October 2011 - 05:48 PM #27

Bottom line, if an individual or a company comes to you and shows they own a license that they do not want and wish to sell, then you should grant them permission to transfer that license to the new end user. I'm not saying you should not track it or that you should not still monitor the license, I'm just saying you should grant permission to any license holder.


You are completely correct. This SHOULD be the case. I'm going to predict that in the long-run this is going to hurt their bottom-line once news gets out of their policy. I think I'm going to start writing a article on this issue and release it on one of my sites. I'll do a comparison of other shopping cart software and compare all the different policies of each.

 
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Posted 04 November 2011 - 06:57 PM #28

My 2 cents...

If anything were to change, there should be a provision that entitles web/app developers who are supporting a client the ability to transfer the license to client and/or another developer.

Many of the members here appear to be web designers who's clients may request that the web designer purchase and maintain hosting, licenses, etc... If the web designer or client no longer do business together, the cscart license should be allowed to transer back to the client and/or the new web developer, if the client chooses. Even if this is requested & considered "written consent", this scenario should be permitted.

I could assume many upset clients/ businesses if they are told they must pay another license fee.

The discussion about a site being sold... I agree that the license should be transfered with all the reasons listed already; however if the terms are solid, you just have to account for that fee in the purchase of the website.

Using CS-CART 4.11.x


 
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Posted 05 November 2011 - 03:45 AM #29

The designer should not purchase the license, they should have the client purchase and then communicate the license key to them.

Of course if the developer is also a reseller, then there is no issue and they can transfer the license to the owner without problem.

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Posted 29 February 2012 - 03:58 PM #30

AM I missing something here ?? its $200 not $2000, money been spent system been used move on :)

CS CArt can we ever have an ebay Module please

 
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Posted 10 July 2012 - 11:11 AM #31

I understand CS Cart postion on reselling licenses, but last week the European Union published a judgement stating that software vendors cannot prevent customers from selling the licences to software they no longer wish to use, even if the licence agreement prohibits it.

One implication of the EU judgement is that software vendors will have to provide some way for customers to free up licence keys when they uninstall software so that they can be reused by subsequent purchasers.

I look forward to CS Carts comment on this topic.

 
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Posted 10 July 2012 - 12:11 PM #32

I understand CS Cart postion on reselling licenses, but last week the European Union published a judgement stating that software vendors cannot prevent customers from selling the licences to software they no longer wish to use, even if the licence agreement prohibits it.

Simbirsk = Outside EU. Irrelevant?
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  • Lantan
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Posted 10 July 2012 - 08:40 PM #33

Hello,

I understand CS Cart postion on reselling licenses, but last week the European Union published a judgement stating that software vendors cannot prevent customers from selling the licences to software they no longer wish to use, even if the licence agreement prohibits it.
One implication of the EU judgement is that software vendors will have to provide some way for customers to free up licence keys when they uninstall software so that they can be reused by subsequent purchasers.
I look forward to CS Carts comment on this topic.

Thank you for sharing this EU judgement and your attention to this topic.

No doubt, the judgement seems to be rational. It is great that this question is now resolved in European Union and its citizens know their rights. Nevertheless these new conditions may lead to appearance of large number of fraudsters in EU that 'resell' licences according to these new rules.

We still suppose that only distributors should have the right to resell our licenses. This makes the software industry more civilized. You cannot imagine how many CS-Cart users contact us every day trying to get/restore their CS-Cart licenses that they bought from "some guy on the Internet".

We respect EU laws (though they are not applicable to our company), but we do not recommend our clients from EU to resell their licenses, because, unfortunately, the new acquirers will be unable to use them due to violating the CS-Cart Software License Agreement.

Thank you.
Alex Vinokurov,
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Posted 11 July 2012 - 12:08 AM #34

If you are going to sell in the EU you will have to abide by their rules. Otherwise, CS-Cart will have to say they will not sell to anyone in the EU anymore.
Regards,
Jim

 
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Posted 11 July 2012 - 10:11 PM #35

Not sure that's really true. This is a global market and a seller can't be responsible for any laws governing the purchaser of a product.
I.e. When someone buys something from me in the US, I could care less what their laws are since I'm selling my product under US law. It is the buyers responsibility to ensure that they are complying with the laws under which they are governed (I'm not governed by EU law).

It's illegal to buy many products in the US that are available on the internet. The seller is not responsible for my buying decision.

It's just like the recent UK cookie stuff. Unless you have a 'co.uk' domain, it's really not applicable.

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Posted 25 January 2014 - 10:43 PM #36

I just want to let this be known, that CS-Cart must pick and choose who they allow to sell their licenses. Reason for that is because I had a CS-Cart license, I sent a ticket to support explaining why I did not want it anymore and that I was going to sell it to my friend and wanted to have it transferred to his account. CS-Cart was very nice and said it would be no problem, and did transfer to my friend's account. So if they claim there is no sale/transfer of licenses ever, then that is a lie. I am not trying to start anything here, just want it known, that I was able to do it without one single problem. Maybe this whole license policy needs to be strictly enforced, or taken out all together.

 
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Posted 26 January 2014 - 09:55 AM #37

It's just like the recent UK cookie stuff. Unless you have a 'co.uk' domain, it's really not applicable.


Not strictly true. It applies to anyone who comes under the legal jurisdiction of the EU regardless of where the web site is hosted or what it's domain is. So someone with their business registered in Belgium with a web site hosted in Bermuda has to comply.

Also a website that primarily targets EU citizens has to comply regardless of web hosting or country of business registration.

Bit off topic but it's important that people realise there legal obligations.

 
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Posted 04 February 2014 - 10:48 PM #38

Also a website that primarily targets EU citizens has to comply regardless of web hosting or country of business registration.

Impossible to enforce since EU laws do not apply for a business registered outside EU. They can "claim" all they want, but in reality, it's just noise.

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Posted 29 December 2014 - 04:16 AM #39

oww, I didn't knew this.

Companies like xenForo or vBulletin and others (forum software) allow transfer your licence after 6 months. easy.
These companies are developing amazing addons to use their software as a store.
example: https://xenforo.com/...t-manager.3569/
In the future, the competition will be VERY HARD if you don't review that hard obsolete policies and improve the software.

 
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Posted 29 December 2014 - 05:29 AM #40

Why dig up threads that have been dead for 10 months to continue to hype Xforno... Take it to their forums. Want too talk about integration? Fine. But let's not compare ecommerce software licensing with forum software licensing. It's like comparing buying food and buying jeans. Jeans look great but taste horrible and cauliflower looks like a mess but tastes pretty good. So which is better?

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