Resell ArchiCAD licence

[Anonymous]

Hi Everyone

Scenario: I am wanting to purchase a AC21 licence on the national buy, sell & swap site (Trademe). Central Innovation who are the local reseller here in NZ have stated that this is not possible as they will not allow me to upgrade the licence to the latest version (AC22) and change the licence into my name. Interestingly, they allowed me to do this almost a year ago without any questions asked. The reason/excuse now for not allowing this transaction is that their lawyers have stated that reselling licences breaches the ArchiCAD End User Licence Agreement.

The EULA states the following:
A: Commercial Mode
* Unless You make your own copy of the Software totally unusable, You may not sell, loan, distribute, cede,
sublicense, rent or lease or otherwise transfer or assign the right to use the Software, nor transfer or provide access to it by network for commercial use, either in whole or in part. You hereby accept that in case of any type of transfer of the Software by You, this Agreement automatically ceases to exist on the effective date of the transfer and You shall lose all rights arising from this Agreement.
* In case of a resold license, You, i.e. the purchaser of the resold Software, shall be required to re-register the Software with GRAPHISOFT's appointed local partners, pay the applicable fees and enter into the applicable Software Support Agreement in order to be entitled to any updates, upgrades, support, etc.

From what I can see it states that if the software is made unusable (I assume unusable by the seller) and that applicable fees are paid and a new agreement signed by the new owner of the licence, then this is allowable under the GS EULA and the reseller (Central Innovation) have no say in the matter? Frustratingly we cant contact Graphisoft direct as all correspondence is re-routed through the reseller.

I would be interested to know what others have encountered in these circumstances. Is our Reseller is being difficult, trying to over-ride the EULA, by not allowing the reselling of licences? More importantly, my company has treated the licences we have as 'assets' in the assurance that some day the licences could be on-sold to recoup the initial purchase costs. Does this mean the licences will need to be completely written off and treated as a 'loss'?

I have also heard that Vectorworks who is owned by Nemetschek, the parent company of Graphisoft, DOES allow the resale of VW licences without any questions asked.

Thanks

Bazza
AC22 6021
Win 10 Pro 1903
i7 9800X Octacore 4GHz
64Gb Ram
P4000 8GB Quadro

[Anonymous]

Gerald wrote:

Regarding pricing, definition of the local market prices and the pricing policy is the right and responsibility of the local selling entities considering various local country specific factors, and we firmly believe that the end-user prices reflect the value offering of our products and services.

Hi Gordana,
I am sure you do believe that. However that doesn't necessarily make it so. I am sure as it seems to be from this thread that quite a few users would disagree with your assessment. The problem would be that if there is only one reseller in a given country setting pricing there is a actual monopoly so users have little choice.

I for one am happy I am in Canada as long as the resellers here continue with a fair pricing policy. Of course I would always wish to pay less but do realize everyone has to make a living.

Cheers,

I agree 100% with Gerald. Prices here downunder are way too high and the struggles we would encounter when trying to resell an asset make it effectively not viable for the end-user, hence the end user is not looked after as it should in my opinion and is not given comfort when affording such an expense. It's simply unfair. Another reseller should enter the market or Graphisoft should step-in