Is this legal?

Hard to say. If the box is unopened, then there's probably no violation of the EULA. If the box is opened but the software was never installed, then the person currently in possession probably never implicitly agreed to the EULA, and so there's no violation of the EULA.

But if the software was ever installed on a machine, even if the S/N wasn't registered with Cakewalk, then the user agreed to the EULA, which includes at least one clause prohibiting transfer of the software, in which case the sale is illegal.

However, it appears that this particular sale is outside the United States, and so other factors may come into play with regard to whether the territory where the software currently resides considers the EULA and its various clauses to be valid in the first place.

So, like I said - Hard to say.

But the EULA is not valid in all countries either. So Antz, is the EULA legal in NZ?................................................JDW

As I understand it (and I may not understand it correctly, as I'm not an attorney, but here goes:) certain states, countries, territories, etc. have legislation which prohibits limitations on liability - for example, you may have read warranty information that states that the manufacturer isn't responsible for failure, loss, etc., "except where prohibited by law."

Similarly, some places have legislation that makes certain language in an EULA irrelevant. For those of us in the United States, the EULA is pretty binding, and on top of that the more recent Cakewalk installers make you specifically check more than one box agreeing not to duplicate the software; but I don't know what the rules are like in New Zealand (that's where the auction appears to be).

Legal.. illegal...

You agree not to transfer the software when you install it. Once you DO transfer, you void your license to that software. That's it. You don't go to prison! People buy and sell software all the time and this isn't piracy (which is what the EULA helps to protect against). Now, if someone were making copies of this software and repackaging it for sale, that would be bad.

I'm not saying that this is what I do - I keep every piece of Cakewalk software I buy because you can't BEAT their upgrade pricing!

But, I'm no lawyer and could be completely wrong here...

Also....I have a laptop and a desktop...am I allowed to run copies on both?

ORIGINAL: anton harris
I also make a copy in case of damage to the original.Is that legal?

Another good question. Again, I am not sure of Cake's exact verbage, but most companies prohibit ANY copying of their software in the User Agreement. However, generally speaking making a copy of a copywrited materials for back-up purposes falls under what's called 'fair use' and is ok. So really, what you agree to and what is legal are not necessarily the same thing, like Loop said.

ORIGINAL: harmony gardens

I skipped Sonar 2, but I have Pro Audio 8 and 9, Sonar 1, 3 and 4,,,, would it be wrong for me to pick up a copy of Sonar 2 XL in order to get the DR-008 and the plugs I don't have???

What would stop you?

I think it's clear that Cakewalk put a condition that you're not allowed to sell the product (which I think it's illigal requirement !!) but we agreed on it so it's illigal to buy this.
but making your own backup copy i think it's legal as long as you won't distribute it to anybody.

ORIGINAL: anton harris

I keep every piece of Cakewalk software I buy because you can't BEAT their upgrade pricing!

So do i and i also make a copy in case of damage to the original.Is that legal?

Yes, you are allowed to make one copy for archival purposes.

ORIGINAL: wvujazzman

Actually, at least in the EULA for Office XP, Microsoft does allow installation on a desktop computer AND a portable notebook, as long as they're owned by the same person. Again, the theory is that the same person isn't using both systems at the same time.

Eric

That's Microsoft's agreement. Cakewalk doesn't allow it. Read your EULA!! It's not THAT long!!!