Ask a lawyer on the topic of Internet and computer law

Evaluation license

December 30, 2011 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Dear Sir or Madam,

I would like to publish a website and offer videos on construction with CAD software there.

I have downloaded the trial version of Autodesk Inventor and have created a small video series within the 30 days.

The constructed parts are only for demonstrating the functions in the software. No one can do business with the constructed parts themselves.

In the licensing terms for the CAD software, it now states "and only for evaluation purposes".

Here is the full licensing terms for the trial version:
"9. Evaluation/demo/test license. If Autodesk designates the license type in the respective license certificate as "demo", "evaluation", or "test" version or as a version "not for resale" ("NFR") version (each an "evaluation license"), the licensee is permitted to install a copy of the version of the licensed materials specified in the respective license certificate, subject to certain functional restrictions described in Section 6.3 (Affected Data), on an individual basis on one (1) computer and to allow only the licensee's personnel to access this copy of the licensed materials exclusively for evaluation purposes, only as long as the maximum number of concurrent authorized users does not exceed the number one (1) and only from the licensee's place of business. An evaluation license is valid for a fixed period specified in the respective license certificate. If no such period is specified, this period is thirty (30) days from installation or as otherwise determined in writing by Autodesk."

Now the question is whether I am allowed to offer the created video series, which was created with an evaluation license, for sale online.

I am definitely interested in testing the willingness to buy first.

Thank you for your help.

I wish you a happy new year.

Dr. Dr. Danjel-Philippe Newerla

Dear advice seeker,

Thank you for your inquiry. I would like to answer it as follows:

Based on your description, you are only allowed to use the software for evaluation purposes, i.e. for testing purposes. In this case, you are generally only permitted to test the functionality of the software, possibly also through employees.

However, using the software for commercial purposes, such as selling the corresponding products afterwards, goes far beyond mere evaluation. Therefore, you cannot proceed with your intention without consulting the license holder. You should and must ask the license holder for permission beforehand.

I hope that I have provided you with some initial legal guidance and I wish you good luck and all the best!

I would like to additionally point out the following:

The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can result in a completely different legal assessment.

I hope that my explanations have been helpful to you. Feel free to contact me through the follow-up option if you have any further questions.

I wish you a pleasant Friday afternoon!

Kind regards from the North Sea coast,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law