>>If this was used to upgrade to a version after 2.6, he can't sell it. The license agreement prohibits this.
>
>But if its unopened, he wouldn't have made the agreement, right?


Not necessarily. If he purchased the product and then purchased, for example, the 3.0 upgrade, saying that he already had 2.6, then he opened 3.0, he essentially agreed. But then, I'm not an atty...but that's how it's been explained to me.