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Is it legal re-sell a used (retail, boxed) copy of Microsoft Small Business Server 2003?

We had a server in house that I built from mail-ordered parts which ran Microsoft Small Business Server 2003. The hardware was destroyed in a fire and we realize that we don't need a full server for file and print sharing. Can I sell off the software on eBay? The EULA is quite confusing and I would appreicate if someone can explain it to me. Thank you!

Public Comments

1. No, it's illegal to re-sell a used copy of Microsoft Small Business Server 2003 because you do not have the right to sell products that you've bought from copy righted materials.
2. Yes. To quote from section 11 of the EULA: 11. SOFTWARE TRANSFER—Internal transfer. You may move the Server Software to a different Server as long as you permanently remove the software from the initial Server. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. The transfer must include all of the Software (including all portions of the Software, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
3. Yes that's legal. You are not claiming rights to the goods and re-selling as a retailer. Re-selling on ebay and informing people it's used and or damaged is fine.
4. I doubt it. Microsoft doesn't like it when anything of theirs is used second-hand. That's why, for example, they've made it so difficult (near to if not impossible) to reuse their operating systems like Windows XP, etc. on a different computer than the one that it was originally used on. If it were me, I'd contact Microsoft "incognito" and ask them first. Might save you (or the person that buys the server from you) some headaches down the road. Myst
5. If you read the small print on the box or in the contract usually with the installation program, you will see that you may do as you please with it. PROVIDED that you remove it from the original unit first. The license is for one user (generally) and if you have no use for it after purchasing, you can do as you please with it as long as there is only one user at any one time. SUMMARY: One license, one user at one time. ;-)