VirtualAcorn Technical support:
Selling your copy of VirtualRPC

This is an updated version of an older article that didn't meet the terms of the GDPR (General Data Protection Regulations) which came into force May 2018

There may come a time when you no longer need your copy of VirtualRPC as you no longer use RISC OS. That's a great shame but it does happen, however if you want to sell or gift your copy of VirtualRPC you do need to understand what's involved.

Licencing

When you purchase an item of software you aren't purchasing a physical item, even if the software comes on a CD/DVD. Instead you are entering into a licence agreement with the rights holder for the software. In simple terms you pay some money and in exchange you are provided with a copy of the software and a licence to use the software. The licence is an agreement between the two parties that governs what you, the purchaser, can and can't do. For example under commercial software licences you won't have the rights to duplicate and sell multiple copies of the software.

Most software licences, including ours, are 'non-transferable', which means you can't just give or sell your licence to use VirtualRPC to someone else without our permission. In order for the licence to be modified, in this case by changing one of the parties, all parties have to agree. It's important to understand that there is no automatic right to transfer the licence, as we would have to agree to the transfer in writing before the transfer takes place.

So I can't sell or gift my copy of VirtualRPC?

Very few software companies will agree to you transferring your licence to someone else (this other person is called a third party). However unlike most software developers we will allow a licencee to transfer their rights to another party by gift or sale provided the following procedure is strictly adhered to:

  • 1. Firstly you must be able to supply the original installation pack (CD, installation guide and the RISC OS licence sticker) to the third party. If you don't have them you can't transfer the licence.
  • 2. You must uninstall VirtualRPC from any/all machines it is/was installed on and you must destroy any backups.
  • 3. Before you transfer the VirtualRPC to the third party you must contact us with the CD serial number and the RISC OS licence sticker number and:
    • Tell us that you want to transfer the copy of VirtualRPC to another party.
    • Confirm that the copy has been uninstalled from any/all computers and all backups have been destroyed.
    • Confirm that the third party has agreed to the licence.
  • 4. Provided we allow the transfer and agree in writing beforehand (and we won't normally refuse) you can then give/sell the VirtualRPC pack to the third party (who then becomes the new licencee).

The new licencee can then install the product and contact us to request a new unlock code. We will provide any further unlock codes that are required for the use of the product but the new licencee will not qualify for any direct technical support via phone or email.

If we (VirtualAcorn) did not agree to the transfer

If you didn't follow the above instructions you cannot transfer your licence to a third party as you have no transfer rights under the licence. The third party will have no right to request/receive any unlock codes to activate the product and will not have any rights to use the VirtualRPC. Typically you can expect the third party to contact you after they are refused an unlock code. We will explain the situation to them and will have pointed them to this article.

What happens next depends on the circumstances. We may be able to ratify the transfer of the licence provided that the main steps (1 to 4 in the process above) have been adhered to. If the steps haven't been followed then we will not be able to ratify this transfer or any other future transfer and you will be legally obliged to cancel the transaction and refund any monies paid to by the third party.

The third party will need to return the VirtualRPC pack to you and, if you sold the VirtualRPC, you will need to refund the third party the full price that they paid (including any shipping/handling charges). The third party could even take you to court if you don't refund them. It's like selling an item that's still on finance, you cannot sell it without the permission of the finance company as they hold an interest in the vehicle.

We will only ever cancel a licence in extreme circumstances, for example where there has been deliberate piracy with the same copy of VirtualRPC being 'sold' to several different third parties.

Update

Please be aware that if you did attempt to transfer the licence without our permission it's not us that's done anything 'wrong' or 'difficult', it's you that's in the wrong. We don't have to allow any licencee transfers. When you first installed the VirtualRPC you were presented with a copy of the licence and clicked to confirm that you agreed to the licence. At that time you were given the option to refuse the licence and return the product for a full refund. If you activated and used the VirtualRPC you agreed to abide by the licence which clearly states that the licence is non-transferable.

We will do our best to help resolve any problems but we are not a party to any attempt to transfer a licence unless we have been contacted beforehand and agreed in writing. We are subject to licences ourselves as some of the content in the VirtualRPC build is licenced to us by other parties. So if you are contacting us after you've attempted to transfer your licence to a third party our hands may be tied and we may not be able to ratify the transfer.

So If you want to transfer your licence to use VirtualRPC to another person please contact us first it will be quicker and easier for everyone involved.

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 Copyright (c) 2018 3QD Developments Ltd. All rights reserved. All trademarks are acknowledged. All details are correct at the time of publication, E & OE.
Last Edit Date 04/09/18
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