"transfering" of a license

[Jano.Baca]

Hello NT team,

I'm have a situation, I think I understand it, but I want to be 100% sure - so I need the confirmation from you..

I have an account at IB (trading intraday, futures), and I want to start using NT (I tried the demo, and I have to say I was pleasantly surprised)
..and for the future I also think to buy some other (better) data feed..

A friend of mine (an ex-trader yet) offered me to sell his NT license, since he won't use it anymore (he has single broker license).

Few questions came to my mind, I made a little research, but I'd like to have a confirmation to those questions from you too:


1) Is it possible to legally buy (sell) "used" (i.e. previously owned by another person) NT license?
- I think (since we are both from EU country) that YES.

(I have some links, that it's "forbidden to forbid" selling license in EU - http://www.zdnet.com/oracle-cannot-b...pe-7000000189/
and - http://curia.europa.eu/juris/documen...=1&cid=5213884 )


2) Is it possible to change broker at "single broker license" (he has CQG and I need IB) ?
- I found that it shouldn't be problem...

( http://www.ninjatrader.com/support/f...ad.php?t=35735 )


3) Is his license* suitable for me (remember, my broker is IB) ?
- I'm not sure if yes, because I remember (maybe not quite right) that Zen-fire provided some discounted NT license.. so maybe it won't work with IB?

(but maybe I'm just confused by some old thought in my mind, because I couldn't find any evidence to support this idea

* this is copy from the mail when he purchased his license:
Dear NinjaTrader user, Thank you for selecting NinjaTrader Direct Edition for Zen-Fire! Your free use live trading license key is: XXXXXXXXXX..I am probably intrigued by the collocation "NT Direct Edition for Zen-fire"..

---

Thank you for answers to all 3 questions.

..and don't worry not buying from you this time, it isn't my last purchase ..because in the future I'd probably want multi-broker license.. so when I'm satisfied with this one, in the future I'll buy a new one

[NinjaTrader_RyanO]

Hi Jano,

Thank you for your interest in live trading with NinjaTrader.

1. The value of the Lifetime License is for the purchaser only, and part of the agreement made when purchasing the Lifetime License is that it can not be re-sold, transferred, or used independently of the purchaser.

If you wish to trade with IB you would want to purchase a license for your live trading. I would be glad to discuss further your options if you send me an email at sales[at]ninjatrader[dot]com.

2. With any license purchase you are able to change the broker you are using when you are live trading, but any license change meant for transfer of an already active license would contradict the terms of sale for the original purchaser.

3. The license referenced here is a Direct Edition License, which with certain brokers enables you to trade live without purchase. Due to the ability to trade live without purchase certain features would be limited, such as the ATM strategies, OCO orders and Chart Trader.

These features are available within a Standard License which you will want to purchase since IB does not support this type of Direct Edition License.

I would be happy to discuss your purchase of NinjaTrader at any time if you can follow-up at sales[at]ninjatrader[dot]com, and let me know the best way to follow-up, and a preferred time.

Thank you, and have a great day!

[koganam]

Hi Jano,

Thank you for your interest in live trading with NinjaTrader.

1. The value of the Lifetime License is for the purchaser only, and part of the agreement made when purchasing the Lifetime License is that it can not be re-sold, transferred, or used independently of the purchaser.

If you wish to trade with IB you would want to purchase a license for your live trading. I would be glad to discuss further your options if you send me an email at sales[at]ninjatrader[dot]com.

2. With any license purchase you are able to change the broker you are using when you are live trading, but any license change meant for transfer of an already active license would contradict the terms of sale for the original purchaser.

3. The license referenced here is a Direct Edition License, which with certain brokers enables you to trade live without purchase. Due to the ability to trade live without purchase certain features would be limited, such as the ATM strategies, OCO orders and Chart Trader.

These features are available within a Standard License which you will want to purchase since IB does not support this type of Direct Edition License.

I would be happy to discuss your purchase of NinjaTrader at any time if you can follow-up at sales[at]ninjatrader[dot]com, and let me know the best way to follow-up, and a preferred time.

Thank you, and have a great day!

Careful Ryan,

I would urge you most strongly to refer this to your Legal Department, and copy the CEO. This goes well beyond any agreement that was signed. The courts can trump that restrictive license, and it appears that the highest court in the EU has, at least for residents of the EU and those that wish to do business in the EU.

[NinjaTrader_RyanO]

Hi koganam,

The information I provided is based off of our End User License Agreement which each user has to agree to upon purchase since it establishes the responsibilities we share related to the use NinjaTrader. It states the transfer of a license key in this manner is not allowed and the license can be terminated upon NinjaTrader's discretion.

Our present policy in full can be found at: http://www.ninjatrader.com/downloads...eAgreement.pdf

In matters such as these it is our preference, however to work individually with the customer towards an agreeable solution prior to any judgment. We are monitoring trends that may alter how these responsibilities are defined legally going forward, but that type of action is rarely needed given our general commitment to support.

[koganam]

Hi koganam,

The information I provided is based off of our End User License Agreement which each user has to agree to upon purchase since it establishes the responsibilities we share related to the use NinjaTrader. It states the transfer of a license key in this manner is not allowed and the license can be terminated upon NinjaTrader's discretion.

Our present policy in full can be found at: http://www.ninjatrader.com/downloads...eAgreement.pdf

In matters such as these it is our preference, however to work individually with the customer towards an agreeable solution prior to any judgment. We are monitoring trends that may alter how these responsibilities are defined legally going forward, but that type of action is rarely needed given our general commitment to support.

Ryan,

I am aware of the full policy.

I just love my NT so much that I want to be sure that I can always continue to use it. I am simply letting you know that the courts can trump ANY private agreement. You do not want to go against the EU courts. Just ask Microsoft. Let your Legal Department know, please. How the attorneys want to handle it is up to them, and letting them know can not do any harm.