Is this iWork 09 copy legal?

New iWork '09 Full Install, Unused on eBay, also, Apple Macintosh, Software, Computing (end time 06-Jun-09 00:17:16 BST)

I have bid on the above item (iWork 09) on ebay and am currently the winning bid.

I emailed the seller a question and he says that the disc is a new original disc, but he got it with his new mac.

Is he legally allowed to sell on a disc acquired with his mac?

Please let me know, because I only want legitimate software on my mac and will withdraw my offer if it is not.

Many Thanks

iWork does not come free on new Mac's as iLife does. It is a separate disk and is purchased (though he may have purchased from somewhere and gotten it as a bonus). While the user may feel that it is unused, if he bought his Mac from Apple, they pre-install the iWork package for you. Not sure if the Apple stores do or not, probably do if you ask them kindly.

As to whether it is totally legitimate to put on another computer or not, really is a matter of whether he has iWork installed on his machine and that is the only iWork 09 disk he has, doesn't matter if he personally did the actual install or not. No one would know, except to take the sellers word. If it was pre-installed and the seller has uninstalled it, then it still would be legal for you to have it on your machine.