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You can sell software that you bought legally (not sure about freebies, tho) on Ebay. As long as you did not register it, or have it in any backup form for yourself. It is not resale, as you are not a reseller, making a profit. You are simply selling a "thing" that you own. Basicly, if you never opened it, your golden as to selling it.
And as for the ELUA, most of them you cannot read until you install the program, hence, how can you be bound to something you did not have acess to (VERY borderline subject, I know, but it is the truth)
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