3 Replies Latest reply on Aug 1, 2012 3:37 PM by glennsingleton

    Clarification re licensing when upgrading from 11 to 12

    glennsingleton

      Like many others I guess, upgrading is the usual way that existing FileMaker clients get from one version to another.

       

      I have read elsewhere that the EULA when upgrading makes the use of the previous version illegal from a licensing point of view. Is this the general understanding ?

       

      If this is the case, is there a "transition" period (very important with change of format) that allows the use of both, legally ?

       

      I know it is possible to have many versions of FileMaker on the same machine, but to do so from a licensing point of view, they each need to be full product rather than upgrades as I understand it.

       

      Thanks

      Glenn

        • 1. Re: Clarification re licensing when upgrading from 11 to 12
          sporobolus

          on 2012-08-01 10:23 glennsingleton wrote

          Like many others I guess, upgrading is the usual way that existing FileMaker clients get from one version to another.

           

          I have read elsewhere that the EULA when upgrading makes the use of the previous version illegal from a licensing point of view. Is this the general understanding ?

           

          for FMPA 12 section 1(i) of the EULA states:

           

          "(i) Upgrades & Updates. If the Software is licensed as an upgrade or update,

          then you may only use the Software to replace a validly licensed version of the

          same software. You agree that the upgrade or update does not constitute the

          granting of a second license to the Software (i.e., you may not use the upgrade

          or update in addition to the software it is replacing, nor may you transfer the

          software which is being replaced to a third party)."

           

          IANAL but it looks like bad news, maybe there is room to use one or the other

          at a time, but if so it would behoove FMI to spell it out more clearly

           

          If this is the case, is there a "transition" period (very important with change of format) that allows the use of both, legally ?

           

          perhaps a trial license would be sufficient for "transition" (there is no trial

          for Advanced, however)

          • 2. Re: Clarification re licensing when upgrading from 11 to 12
            CarstenLevin

            I do not believe that FileMaker Inc would come after you if you installed a FileMaker 12 Server and some clients to test your databases while converting from FileMaker 11.

            But of course an upgrade does not grand you a new extra server license or double your client seats.

            My guess is that you are home free during the transition period. But when the FileMaker 12 server goes live with your production systems, time is out.

            • 3. Re: Clarification re licensing when upgrading from 11 to 12
              glennsingleton

              I agree with you and that is what I have told my clients, but they are lawyers, they don't want an opinion, they want an answer in writing.  I guess calling FMI is the answer.

              Thanks

              Glenn