2011-03-24 07:41 AM
I didn't feel like bumping an old thread, but I have a similar question as asked here:
We have an unused FAS3140 filer / 2 controllers with 16 diskshelves, software & support included worth about €180k. It was bought from an authorized reseller in our country (Belgium).
Installed software is: A-SIS Duplication Software, CIFS, FCP, iSCSI, Nearstore, NFS, SnapManager for VI SW, SnapRestore, SnapVault Primary software, SV Secondary Software
As we no longer need the hardware, we decided to sell it.
After a few months we finally managed to receive the transfer documents from NetApp. As it turns out, it's only for the hardware -although we started in our communication about the transferability of the software/support (4hr support for still over a year).
(i) on the first date the Equipment is being prepared for transportation, Partner, Assignor and Assignee agree that NetApp’s Software Licenses installed in or related to the Equipment as well as Support Services/ASP Services agreements for the maintenance of the Equipment described in Exhibit A purchased by the Partner from NetApp will be automatically and immediately terminated with no right of refund for any party.
Our *SOFTWARE* purchase agreement however states:
"This license is personal to customer. Customer shall not assign, sublicense or transfer the license or agreement without NetApp's prior written approval; any attempt to do so shall be void."
The way it is written in our purchase agreement, I would presume we can transfer it, but need their prior written approval first. Well, we went up a long long way to Theo M. van Teylingen, Area Director Benelux / Nordic to ask for it.
His response was that user licenses and support contracts cannot be transferred because of somesort so-called liability on the delivered equipment.
Okay, somewhere I could understand the hardware support isn't transferable. Say we trash it while shipping it, it's indeed our problem (or the couriers ). But Theo there stated it just cannot be transferred. So, if it can't, why did our initial software agreement suggest it could?
It took us about half a year (anyone fancy to figure out what SupportEdge Std replace 4hr for half a year costs on this filer + 16 shelves?) to get that answer from him, is there anyone that perhaps has a contact that can help us or give a slightly better reason than "liability" for not allowing a software transfer within a reasonable timeframe?
Our first buyer(s) offered about a third - half the price we paid, assuming the whole package was transferable. Buyers we came across so far for the hardware only have been offering about 1/20th of the initial price.
Finding interested buyers is hard enough already, NetApp's lack of responding within a reasonable timeframe and the constantly decreasing value of our hardware, doesn't exactly make us happy.