Legal Question in Technology Law in Washington

private resale of software

Situation: Person A receives new, unopened, software with a sticker (not printed on box) that says ''not for resale''. Person B offers to buy the software from Person A.

Question: Can Person A legally sell the software to Person B? What restrictions might be in place for a private transaction of this sort?


Asked on 1/20/03, 7:41 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: private resale of software

The purchaser of a product labeled "not for resale" is not necessarily bound by the label. Generally that legend is put there to void any warranty, rather than to prevent resale. Read the fine print, if any, associated with the "not for resale" legend and you will probably find out what was intended.

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Answered on 1/21/03, 1:20 am


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