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I am selling an old MacBook. The MacBook came with Leopard. I also bought Snow Leopard on DVD. I believe it would be legal for me to sell the MacBook with Snow Leopard installed, provided I included the install media. But now my question:

Can I sell the Snow Leopard DVD separately? Will the license transfer with the media?

I am considering selling the Snow Leopard DVD since (as Apple no longer sell this) I should get a good ebay price.

Does anyone know if this is legal? Are we even allowed to resell licenses / and or OS X Media.

I'd welcome informed opinion on this - preferably with a link to Apple's terms on conditions which make it clear.

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I'd like to clarify - we encourage questions on explaining where the license terms are so that anyone around the globe can know how it might fit into their particular legal landscape. –  bmike Oct 28 '12 at 17:10

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up vote 7 down vote accepted

From the License Agreement page 2

Transfer. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. Subject to the restrictions set forth below, you may, however, make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts (excluding Apple Boot ROM code and firmware), original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.

IANAL, but the terms of the licence clearly anticipated your wish to sell.

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Interestingly, this has now changed with Lion: From the 10.7 license agreement: "B. If you obtained your license to the Apple Software from the Mac App Store, it is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple- branded hardware before doing so…" –  dan8394 Sep 14 '11 at 20:26
    
@dan8394 The upgrade package is no longer intended to be transferred since it's tied to an Apple ID which makes it practically impossible to transfer. The actual OS that ships with a Mac isn't tied to an Apple ID, but transfers with the hardware since the serial number is used to download Lion from the App Store if needed during a reinstallation. –  bmike Jun 22 '13 at 19:19

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