I need help in understanding the Cisco Software License Agreement. Is it legal to buy a used original Cisco Feature packs CD which doesn't complete? (CD only, no license agreement paper nor documentation). Does it make me have the right to use it on my used cisco device legally?
No, the software isn't transferable unless bought from one of a small number of authorized dealers, or unless you "Relicense" the software, or you bought the entire company. This implies also that except within the narrow circumstances, purchasers of used Cisco equipment generally do not have the legal right to use the software that is already on the equipment (there might be some exceptions for some of the old Catalyst switch software which used to be available for download without restriction.)
If the update package had never been opened and was complete, and you only used the feature set you were authorized to use, then that might fall within the bounds of legality, but I wouldn't want to bet on it, not unless it had been bought from a VAR.
"except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to: (i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Cisco equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void; "
I assume that's the case to balance loss of income with keeping in good stead with the public. Being too restrictive would just cause more $ lost anyway.
Cisco tends to go after the Grey Market people. The individuals selling used stuff are probably too numerous to hit more than a fraction of. And they probably monitor and Cease and Desist any eBay business that appears to be advertising itself as a Cisco dealer -- that'd get into trademark infringement.
Yes and Yes, but details can be hard to find even when you know what you are looking for. Also, they do not appear to offer Relicensing (LIC-* part numbers) for anything after a year after EOS (End of Sale). New support contracts are generally available on equipment for a year after EOS, so they are already accustomed to that case, but new support contracts can't be started after that year. More or less, once something has gone EOS, they prefer just to finish their existing contracts for it and get it out of their inventory and want to be able to stop retaining the product expertise. Once something has gone EOL (End of Life), they really don't want to deal with it. There is a fair bit of EOL equipment on the used market -- e.g., 1600's and 2611's that aren't 2611XMs. If you buy into something EOL, then Cisco will flat out refuse to consider Relicensing it to you. (They might perhaps apologize if it's merely EOS, but no apology if it's EOL.)
I heard from used cisco dealers, that the basic IOS software originally came from new equipment is transferable, because the logic is that the license has been bought for that particular hardware in the first place. But that is not the case with any add-on or feature packs purchased seperately.
I've also been told that any use of cisco equipment that did not connect to a live network (such as private/commercial education purposes) doesn't need any license, so they can install any IOS features without have to pay them.
Are these two statements true? If they are, I could make network labs equipped with cisco equipment and the most advaced IOS and hire them to CCIE candidate without having to pay a single penny for license.
Sounds like the used dealers are making up statements to support the sale of their gear.
.... General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and Cisco retains ownership of all copies of the Software and Documentation. ... ... Customer shall have no right, and Customer specifically agrees not to:
(i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Cisco equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void; ... (iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Cisco; or ...
Cisco's policy is that Software, whether Standalone or Embedded, is not transferable, except where a listed exception below applies, and except, of course, where Cisco's contract expressly allows it. Any other transfers will require the payment of a new license fee (see Global Price List).
Its not like Cisco is ever going to go against some small company or person that bought a used router off eBay. The way I read this mostly is to cut down on the gray market stuff flying around.
For products where there is no separate line item for the Software (i.e. the prices for both the Hardware and Software are bundled), and therefore, a fee cannot be determined, an exception will be made to allow for the transfer without the customer being required to obtain a new license (the customer may be required to pay an inspection fee) ##
So, if a switch is sold with its embedded software as part of the purchase price, then you can safely sell the switch and the software in it as second-hand equipment.
If you've bough additional software options for the equipment, then it is clear that those cannot be transfered, unless you are tranfering it internally to hardware purchased from authorised Cisco vendor (not second hand and not a clone).