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PS Upgrade info please


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Sark

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Hi all.

I bought a copy of PS 5.5 (Mac) for a neighbour recently. I found this at a Boot fair for very little money, but although it?s a genuine package it had been registered. They are now considering upgrading to a more recent version. I know there is no obligation to register, but was wondering if he may need to be registered to upgrade from such an old version.

All software I have upgraded just requires the previous version serial, or the previous version disc, installed temporarily during installation. I?m using a PC, but I?m guessing the same is true for a Mac?

I?d be interested to know of anyone currently using CS, or CS2 that has been upgraded from version 5.5 or earlier (whether PC, or Mac).

Thanks

Sark

PS?Have contacted Adobe, but have yet to receive a reply.
 
I've never had to register to upgrade, and I know that you can upgrade to CS2 all the way from version 4.0.
 
Sark,

Unless you have a transfer of license registered with Adobe, upgrading that version isn't legal within the terms of the EULA. While it could be done up to PS CS on a Mac you would not be able to upgrade to CS2 as CS2 was the first Mac version which requires online activation. You could upgrade to an earlier version but it would not be legal.

Beyond the legal question is an ethical one which I've tried to describe to people on occasion, often without success. When I click OK to the license agreement, I am giving my word. Yes it's just to a machine but it is a very real ethical test. If one's word doesn't have any meaning, the ethical foundation of one's existence is eroded.

In my own existence, I'm a stickler for personal integrity requiring a strong ethical foundation, though I don't hold others to my standard. On occasion, I don't measure up to my own.
 
Welles

Out of interest, where in the EULA does it mention the need to be a registered user to upgrade. I'm not at my PC right now so can't check, will certainly take a look tonight, as I'm sure it will be the same for PC as well as MAC. Also, is this a recent ammendment, I'm using PS7?

I know it clearly states on upgrade packages that you must be a licensed user of a previous version, but not a registered user. Are you confusing this statement, or just interperating it differently than myself. The license doesn't state that it is an obligation to register, therefore a licensed user is not neccersarily a registered user.

I upgraded from Elements, so my PS7 upgrade is basicaly a full version, maybe the license differs slightly. I've always bought legal software, mostly new, but never bother registering. To be honest this is mostly due to the fact it devalues software I may decide to sell soon after purchase. As an example, Painter IX is something I've just purchased and cannot get on with.

Will certainly re-read the EULA thoroughly tonight. Thanks for posting.

Sark
 
Hi Sark,

It is section 4.4 of the EULA. You could d/l a PDF from here...

http://www.adobe.com/products/eulas/main.html

The big thing they are trying to accomplish is to make sure that one license/serial number is used per customer. Both Windows and Macs now have activation over the internet so if you try to upgrade with a previously registered number, not in your name, your activation will be rejected. At least that's how it is supposed to work.

However, I'm not sure of all the peculiarities of the activation business as you get new serial numbers when you upgrade to CS or CS2, where as you used to keep your original until PS7. CS2 was the first Mac version which had activation required where as Windows has had it for at least one more version.
 
Welles, Hi again.

Having now read my PS7 License agreement I would make the following observations.

Firstly, whilst the request to (quote)??.Please complete and return any accompanying registration form to receive registration benefits??.is included at the start of the EULA document, it is not one of the conditions of the license agreement. This request is followed by (quote)??.by using all or any portion of the software you accept all the TERMS AND CONDITIONS of this agreement...... This is followed by the 14 TERMS AND CONDITIONS. Nowhere within these 14 TERMS AND CONDITIONS, or their sub categories, does it require you to register the software. There is no mention of registration.

Section 4 of the TERMS AND CONDITIONS relates to the transfer of the software. (quote) ??.You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, (ii) the serial number(s), Software and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, Updates and prior versions, and (iii) all copies of font software converted into other formats, to such person or entity;? (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a licence to the Software??.Nowhere in this section is there any mention of registration, or the need to transfer registration. I'm not sure where you're getting section 4.4 from?

My own PS7 upgrade states on the box that you must be a licensed user of PS elements or PS LE. The word licensed is used, not registered. A licensed user is clearly someone who conforms to the 14 terms and conditions that make up the EULA. As long as you purchase and install genuine software according to the 14 terms and conditions of the EULA, you are a licensed user.

I?m not attempting to interpret the EULA creatively to justify not registering software. I genuinely believe that whilst Adobe would prefer users to register, it is not one of the terms and conditions of their EULA, and therefore not obligatory. My Corel and Macromedia software make no mention at all of registration in their EULA?s.

As to the moral obligation, Adobe, Corel et all, don?t lose a single penny/cent directly, or indirectly from a user of genuine software choosing not to register. The only moral obligation any user has to Adobe is to honestly purchase, install and use their products according to those 14 terms and conditions.

This of course is now all negated by activation. As someone who can't access the web from my own PC, it looks like I'll be using PS7 for a few years yet. Shame, because we all know that those individuals who want to get around such things illegally, almost cetainly will.

Sark
 
Oho! Sorry to make you go through that Sark. I had been reading the EULA from CS2, which is much more restrictive than for versions earlier than that. You're right, there's no mention of the transfer of license with the earlier EULA and the conditions are much less stringent.
 
Welles

No problem. I think much of the confusion is due to Adobe not want to publicly discourage registration, as such, they have never been as clear as they might have been on this subject.

Spectre

That's good to read. I guess it works just like Win XP. Not sure if I need to upgrade just yet though, maybe version 10.

Sark
 
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