Can I legally sell software I no longer use or need?

Recently, I was in the market for a web design program and happened to come across Avanquest's Web Easy 8 Professional. After researching it a bit, it seemed to suit my needs. It was advertised in the flyer of a local computer store. I decided to check online and found an open box version for less than half the price, so I bought it on eBay.

It arrived in perfect condition, original box, yada, yada, and it installed OK with the serial number on the back of the DVD disc envelope.

But after installing and messing around with it, I find that I just don't care for it. I have totally uninstalled it.

I thought I could find the answer to my question easily, but apparently not. Since I wiped it off my computer, can I re-sell the package on eBay? Or once a serial number is installed, is that the kiss of death as far as being able to re-sell it, even though I 'll never use it?
RadioGeorgeOwner/ProgrammerAsked:
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Lee W, MVPTechnology and Business Process AdvisorCommented:
You have to read the license agreement - but in general, if it's retail software (not included with a new computer - or not INTENDED to be included with a new computer) then the license should be transferrable.  

That said, I wouldn't waste my time trying to sell it.  I simply wouldn't trust any "opened" software purchased on ebay (or anywhere else).  No one trying to scam you would admit they were trying to scam you... so EVERYONE - good and bad - would assure the seller that they have removed the software and are transferring the license.
Joe WinogradDeveloperCommented:
This depends entirely on the product's licensing terms, usually specified in an End-User License Agreement (EULA). Find the EULA for that product and see what it says. Some EULAs have really strange terms. For example, I use one piece of software whose licensing says that the "free version may be used indefinitely only by people who take at most two commercial flights (not more than one return flight) in any 12 month period. People who fly more than this need to purchase the Pro version if they wish to continue to use it after a 30-day trial period." Regards, Joe

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☠ MASQ ☠Commented:
If you read the End User Agreement (the front pages of the user manual) you'll see that the license is non-transferable which suggests reselling it isn't an option.  However Avanquest also include in the same agreement a 90 day money back guarantee by which they will refund you the cost less any taxes and shipping if you return it using tracked shipping to their US office.  That's probably your best option.
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JohnBusiness Consultant (Owner)Commented:
I would go with MASQ's explanation. The problem with just uninstalling software is that is does not always de-activate the software and so it is useless to any downstream user.

If it is too late to return it, ask the company if you can sell it to another owner with the key and that you will not retain it in any way. I would try that.
Dave BaldwinFixer of ProblemsCommented:
Avanquest's Web Easy 8 Professional is available on Amazon for $9.94.  Elsewhere it ranges from $35 to $50.  At those prices, it would cost me more in time than I could get to sell it.  The current version is Avanquest's Web Easy 10 Professional.
Gary CaseRetiredCommented:
Agree with Dave =>  a new copy of the old version [Web Easy 8 Professional] is only $9.94 on Amazon;   a new copy of the latest version [Web Easy Professional 10] is only $34.97 directly from AvanQuest, and that comes with a 60-day money back guarantee, so if you decide against it you can 100% of your money back.

The wording on your license agreement clearly implies you can't transfer it -- and thus can't sell it.    But even if you could, at those prices it's not worth the bother.    [And, if you happen to review the improvements in v10 and decide you might like it, then I'd buy it directly from AvanQuest so it won't cost you anything at all if you decide to return it.]
Mal OsborneAlpha GeekCommented:
Besides the EULA, local legislation comes into play; generally, this will override EULA terms in the event of a conflict. In the case of a sale between two people in different nations, it gets REALLY complex, and would need a lawyer to provide a complete analysis, and even then it would only be an educated guess.
RadioGeorgeOwner/ProgrammerAuthor Commented:
Will wait till tomorrow for any other replies. I do want to comment on "open box" stuff, though. From Consumer Reports:
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"This blog recently reported on refurbished electronics, returned items inspected and if need be repaired, and sold at reduced prices. We found them to be an opportunity for budget-conscious shoppers, with caveats.

Also worth considering are refurbs’ first cousins, “open-box” electronics items. They, too, can be significantly less expensive than the same items bought new—though they, too, merit some caution.

Typically, open-box items are goods returned by customers, inspected by the retailer, found to be in working order, and re-sold at a discount, rather than returned to the manufacturer. Though most associated with taped-up boxes on tables and special displays at brick and mortar retailers, open-box electronics are now also offered online. Such Webtailers include such reputable vendors as JR.com and TigerDirect.com, both perennially well-rated in Consumer Reports’ annual Ratings of electronics retailers.  They’re also offered at WarehouseDeals.com, the refurbished and open-box goods site for Amazon.com, also a perennial pick among e-tailers in our surveys.
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I don't see much sense in looking at the #10 upgrade if I don't like what I see in version 8. My experience over the years with software is that generally with the exception of the evil Microsoft empire, at least in terms of software, most upgrades are not that radically different from earlier ones. I've  found another website building program with a 15-day free trial that looks pretty good so far. But this is somewhat of a digression. I'll contact Avanquest and see if they respond.
RadioGeorgeOwner/ProgrammerAuthor Commented:
Good variety of information, very speedy answers,saved lots of time. Good job by these experts.
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