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echostorm · 30th October 2005, 03:14

You know what? Forget selling this for now - if you are interested in the software pm me still and I will keep you in line once Eovia's threats blow over or when I learn that I am wrong in my assumptions that I have a legal right to resell these items.

I feel that there is an issue at hand here to all Eovia end-users whether academic or commercial - especially if you will ever consider reselling your Eovia product. I will take a stand to do that which is legal and that which is in my purchaser and end user rights to do. I do not like Eovia's rash and presumptuous strong arm tactics and wish to illustrate how Eovia is treating me, a hitherto fan and customer, as an enemy and lawbreaker.

For sake preventing petty email copyright litigation:

A certain Mr. Stockwell; Eovia Director of Sales and Marketing emails me:

1. Threating that I cannot transfer an academic license

I reply:

Mr. Stockwell,

I will be more than happy to comply to any legal restrictions on the transfer or resale of an item, however under Eovia's own EULA in the products that I acquired and/or purchased there are no clauses identifying that the product is an academic version, nor any clauses to indicate that the license is restricted from resale, transfer, or commercial purposes. In fact, when purchasing this item I signed not written agreement on academic restrictions. When I received the free Carrara 4 Pro upgrade, again there were absolutely no contractual or legal agreements restricting resale on the item, nor does the Carrara 4 Pro EULA prohibit the item for commercial use, resale, or transfer. Please do correct me if I am wrong by pointing out in writing somewhere in the EULA where it prohibits me from reselling or transferring and I will immediately comply. Otherwise, I cannot see how Eovia expects me to honor an agreement that I did not enter into, nor is contractual anywhere in writing.

Replies and: 2. States that I entered an academic agreement when I purchased Carrara 3 from an academic reseller.

FYI I purchased Carrara 3 from Studica.com - I went ahead and 'repurchased' Carrara today walking through the process and in no place do I ever enter a purchasing agreement with Studica or Eovia, so I proceed to reply to Eovia:

Mr. Stockwell,

Thank you for your reply. I have not yet sold my Eovia software so before you start threatening me and accusing me of breaking the law, I would gladly have Eovia's legal team provide me in writing:

1. The full terms of agreement that you refer to that I agreed upon with my academic reseller. To assist, you may contact Studica.com, the point of purchase for Carrara 3, for this said agreement.

2. The terms that specify that the free upgrade from Carrara 3 to Carrara 4 Pro I received which bear all product markings, EULA licencing, and functionality of a full commercial product are limited to academic usage as per part 1. (Note: A comment on Eovia.com for the current prohibition of free upgrades of Carrara 4 academic to Carrara 5 will not suffice)

3. The EULA for the commercial vs. academic editions of Carrara 3, and Carrara 4 Pro.

Again, if Eovia and its legal team can provide the written burden of proof stating that I indeed have:

1. The inability to resell or transfer Carrara 3 academic edition
2. That my copy of Carrara 4 Pro is not an commercial edition
3. That I cannot resell of transfer Carrara 4 Pro

I will cease and desist immediately and will not resell my Eovia products. If they cannot do so in a reasonable amount of time, as an end-user under the EULA of the products which I own, I will proceed to resell my products accordingly as in doing so I will not violate any EULA's as they stand.

Status: I am currently pending correspondence from Eovia and will update accordingly.

30th October 2005, 03:14	#4 (permalink)
echostorm Vertex Join Date: Oct 2005 Posts: 6	The Eovia "Strong Arm" - Taking a stand You know what? Forget selling this for now - if you are interested in the software pm me still and I will keep you in line once Eovia's threats blow over or when I learn that I am wrong in my assumptions that I have a legal right to resell these items. I feel that there is an issue at hand here to all Eovia end-users whether academic or commercial - especially if you will ever consider reselling your Eovia product. I will take a stand to do that which is legal and that which is in my purchaser and end user rights to do. I do not like Eovia's rash and presumptuous strong arm tactics and wish to illustrate how Eovia is treating me, a hitherto fan and customer, as an enemy and lawbreaker. For sake preventing petty email copyright litigation: A certain Mr. Stockwell; Eovia Director of Sales and Marketing emails me: 1. Threating that I cannot transfer an academic license I reply: Mr. Stockwell, I will be more than happy to comply to any legal restrictions on the transfer or resale of an item, however under Eovia's own EULA in the products that I acquired and/or purchased there are no clauses identifying that the product is an academic version, nor any clauses to indicate that the license is restricted from resale, transfer, or commercial purposes. In fact, when purchasing this item I signed not written agreement on academic restrictions. When I received the free Carrara 4 Pro upgrade, again there were absolutely no contractual or legal agreements restricting resale on the item, nor does the Carrara 4 Pro EULA prohibit the item for commercial use, resale, or transfer. Please do correct me if I am wrong by pointing out in writing somewhere in the EULA where it prohibits me from reselling or transferring and I will immediately comply. Otherwise, I cannot see how Eovia expects me to honor an agreement that I did not enter into, nor is contractual anywhere in writing. Replies and: 2. States that I entered an academic agreement when I purchased Carrara 3 from an academic reseller. FYI I purchased Carrara 3 from Studica.com - I went ahead and 'repurchased' Carrara today walking through the process and in no place do I ever enter a purchasing agreement with Studica or Eovia, so I proceed to reply to Eovia: Mr. Stockwell, Thank you for your reply. I have not yet sold my Eovia software so before you start threatening me and accusing me of breaking the law, I would gladly have Eovia's legal team provide me in writing: 1. The full terms of agreement that you refer to that I agreed upon with my academic reseller. To assist, you may contact Studica.com, the point of purchase for Carrara 3, for this said agreement. 2. The terms that specify that the free upgrade from Carrara 3 to Carrara 4 Pro I received which bear all product markings, EULA licencing, and functionality of a full commercial product are limited to academic usage as per part 1. (Note: A comment on Eovia.com for the current prohibition of free upgrades of Carrara 4 academic to Carrara 5 will not suffice) 3. The EULA for the commercial vs. academic editions of Carrara 3, and Carrara 4 Pro. Again, if Eovia and its legal team can provide the written burden of proof stating that I indeed have: 1. The inability to resell or transfer Carrara 3 academic edition 2. That my copy of Carrara 4 Pro is not an commercial edition 3. That I cannot resell of transfer Carrara 4 Pro I will cease and desist immediately and will not resell my Eovia products. If they cannot do so in a reasonable amount of time, as an end-user under the EULA of the products which I own, I will proceed to resell my products accordingly as in doing so I will not violate any EULA's as they stand. Status: I am currently pending correspondence from Eovia and will update accordingly.