raymondtrace
Founding member
A response is not really needed for this sale. The user license says nothing about any transfer fee or any other involvement from NewTek. There are some legal issues with NewTek presenting a $100 transfer fee buried in a FAQ and not mentioning it at all in the license.
The license appears unchanged between the 2015 and 2020 releases:
"You may permanently transfer all your rights under this License to another party by providing such party all copies of the Software licensed under this License together with a copy of this License and all written materials accompanying the Software, provided that the other party reads and agrees to accept the terms and conditions of this License."
If NewTek wants to charge for a license transfer, a fee (with or without a defined amount) would need to be mentioned as a condition of transfer in the license. It is not. From the time this transfer fee policy was introduced, there have been 4 releases. One would think they could have updated their license in that time.
EDIT: Keep in mind the reason why the transfer fee policy was clumsily introduced. NewTek had recently moved from hardware dongle licensing and it became easier for piracy and fraudulent sales. Many people who believed they bought a legitimate second-hand license were coming to newtek.com to upgrade...only to realize that they never had a real license. The license transfer process was intended to verify that the seller was qualified to transfer their license. The buyer should consider the fee as an insurance policy that you're getting a legitimate product. That is how NewTek should have presented it (not as a requirement that conflicts with their official license).
The license appears unchanged between the 2015 and 2020 releases:
"You may permanently transfer all your rights under this License to another party by providing such party all copies of the Software licensed under this License together with a copy of this License and all written materials accompanying the Software, provided that the other party reads and agrees to accept the terms and conditions of this License."
If NewTek wants to charge for a license transfer, a fee (with or without a defined amount) would need to be mentioned as a condition of transfer in the license. It is not. From the time this transfer fee policy was introduced, there have been 4 releases. One would think they could have updated their license in that time.
EDIT: Keep in mind the reason why the transfer fee policy was clumsily introduced. NewTek had recently moved from hardware dongle licensing and it became easier for piracy and fraudulent sales. Many people who believed they bought a legitimate second-hand license were coming to newtek.com to upgrade...only to realize that they never had a real license. The license transfer process was intended to verify that the seller was qualified to transfer their license. The buyer should consider the fee as an insurance policy that you're getting a legitimate product. That is how NewTek should have presented it (not as a requirement that conflicts with their official license).
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