software LICENSING question

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VSP5151
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Joined: Thu Sep 20, 2001 4:00 pm

software LICENSING question

Post by VSP5151 »

Not familiar with the M software licensing requirements (was done at corporate level for us) but I worked for company A who owns M equipment and signed software agreements to furnish us with the needed software. Jobs were outsourced, we left company A and were hired by company I to maintain company A's radios. I say we can not legally use company A's software. Company I has to sign the M agreements and purchase new software for us. What are your thoughts?
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mr.syntrx
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Post by mr.syntrx »

I'm no laywer, but I've been down a similar road before with a couple of companies. I'm employed by a government insourced IT organisation that was partially formed from the IT resources of various other departments, so I've been involved in all kinds of licensing headaches when software, equipment etc was brought across.

Different vendors have very different positions on this - some companies say "no probs", others say "no, you need to buy yourself a new license", and I've no clue what Motorola's position on this would be. As a result, your question is best directed directly at Motorola. As this is a legal matter, make absolutely sure you get the answer in writing if you do ask them.

Hope that helps.
RadioSouth
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Post by RadioSouth »

I believe the premise is correct, software is not transferrable under M's agreements. They would want company A to turn the software in and company I to go thru the licensing process.
Threeshot223
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Joined: Sat Aug 24, 2002 9:02 pm

Post by Threeshot223 »

RadioSouth wrote:I believe the premise is correct, software is not transferrable under M's agreements. They would want company A to turn the software in and company I to go thru the licensing process.
Yes....double the profit for half the product.
k2hz
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Joined: Tue Mar 01, 2005 7:27 am

Post by k2hz »

I just read the fine print on my RSS License Agreement and it says:

"Motorola hereby grants to Licensee a personal, non-exclusive, non-transferable, limited license to use the Software but only as set forth below and solely at the location(s) listed by the Licensee on Appendix A ..."

Also:

"Licensee is prohibited from assigning, transferring or sub-licensing the Software without the prior written consent of Motorola ..."

It seems pretty clear it is non-transferable and site specific.
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alex
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Post by alex »

Not sure if this would work:

If company A has the software, hardware, and all the licensing in place, what's to say they can't allow you to use their software on their hardware to program their equipment.

This is the same as you walking up to a workstation owned by the public library and using microsoft windows... the library holds the license, you simply use the workstation to find a book.

I don't see a problem with that.

Would it be illegal for you to copy it, put it on your workstation and then do the programming? sure.

I think if company A provides the software with the hardware it's loaded on and it remains in Company A's control - I don't think you'll have a problem.

Again, don't take legal advice from an internet message board.
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MikeOxlong
Posts: 161
Joined: Tue Feb 03, 2004 12:46 pm

Post by MikeOxlong »

Alex has hit the nail on the head according to the last Motorola person I talked to regarding a licence.

I needed to program up a related companies radios and they figured it would make more sense to pursue a licence for our facility so we could program their radios at our site.

I checked with Motorola and they said that yes, we required a separate licence. To get around the separate licence, I would have to travel to their site, use their computers and their software (under their licence).

In your case, I believe you would need a separate licence since you are a separate company.

As people have already said though, don't take legal advice from an internet board and Motorola would be the best ones to answer this question.
Deanna
Posts: 13
Joined: Tue Aug 03, 2004 7:20 pm

re:search for Moto licensing

Post by Deanna »

Okay, I am the comm. officer for a county public safety
agency, and an active amateur. Our county radio shop is really
quite difficult, if not useless when it comes to assistance
to our agency, and have tried to scour the Motorola corporate
site for the link to get info on licensing software for CDM1250/1550
and HT1250 radios, which is what our agency uses. The county
radio shop has been obstructive at best, and if cost is not totally
prohibitive, I'd like to have that capability for myself, as I do work
on the side... Can anyone help me here, or at least point me in
a direction to at least get some factual answers on the dilemma
I find myself in? Pls advise..and thanks in advance! :)

Cheers, :D
Deanna 8)
LEOs---I just tell them where to go! :)
callsign W6DWS
M.A.C. Service
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Bruce1807
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Joined: Mon Jan 16, 2006 7:18 am

Post by Bruce1807 »

Set up an account.
They will sell you the software, parts, batteries antennas etc.


https://businessonline.motorola.com/Mem ... wtomol.asp
Deanna
Posts: 13
Joined: Tue Aug 03, 2004 7:20 pm

re: programming software

Post by Deanna »

Bruce....did so... :) Thanks for the connection...
Best regards, :D
Deanna 8)
LEOs---I just tell them where to go! :)
callsign W6DWS
M.A.C. Service
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