After purchasing software, it changes to web service

[pork]

I was wondering what I should do regarding the following situation:

On December 26, 2011, I purchased a subscription to an online video chat application called ICU2. I was not informed of any new development plans or any changes in the service I was purchasing.

Suddenly, they shut down the directory servers for the desktop app and have basically forced their users to use their new web-based (Flash) chat services.

I didn't purchase a web-based chat service! I hate the new service and I believe that there is grounds for a class-action suit against the idiot. I have already filed a claim at the Better Business Bureau regarding another incident where the owner threatened my life if I had anything bad to say about the fact that his software lied about the number of current users in a given chat room.

The guy is obviously a complete moron, but I was wondering if there was anything we could do about the fact that we are not being allowed to use the software we purchased.

 

[swalsh411]

This is a subscription based service right? Then you are free to not continue your subscription if you are not happy.

Software is an ever-changing product. Only somebody who is obviously a complete moron would think that it would never change.

 

[wrongsometimes]

You would have to look at the contract...this is controlling.

 

[pork]

swalsh411,

Thank you for your reply. I am sorry to hear that you had a rough childhood and I respectfully request that you refrain from attacking me. I have done nothing to you and the context in which I mentioned that the man was a complete moron had nothing to do with software production. It did, however, have to do with the fact that the man threatened my life--not a good thing when you are the president of a company that specializes in communications.

And to be clear, I am a programmer myself and I am familiar with software development cycles and services. I am glad to be able to update this thread with some information that you might be able to sort through for another nasty morsel or two to contribute regardless of it's inappropriate context or personal nature.

Based on several comments made by the company in question on their website for the new web-based service (which has yet to be operational for more than 15 consecutive minutes, does not have 1/3 of the options or features of the software I purchased, and looks/acts nothing like the software I purchased), the company was being forced to switch over to the web-based service before they were ready.

Considering this company has had a long history of legal battles over selling the pc-based software which the developer of the software claims was licensed, not purchased, and that the company has no right to use its servers or clients, I can only hope that this is the end of this miserable company.

I would also like to point out that I have not used the name of the "moron" or his pathetic excuse for stolen software.

@wrongsometimes,

I have the contract and though I do case work software development, I am not sure about a couple of parts of the EULA. I will post them shortly. Thanks for the reply.

 

[pork]

Redacted EULA

1. Grant of License for Registered Users

==== grants you a non-exclusive, non-transferable license to use the program with which this license is distributed (the "Software"), including any documentation files accompanying the Software ("Documentation") on a single server (if the Software is server based) or personal computer to support up to the number of simultaneous users for which you have paid the license fee, and to make one backup copy of the Software, provided that: (i) the Software is installed on only one server or personal computer; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.

2. Ownership

You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with ========= Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement. ========== may at its discretion terminate this license agreement if you have violated the license agreement or violated the Terms Of Service (TOS) for use of its privately owned servers.

3. Copyright

The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by====== You may not remove any proprietary notice of ========== from any copy of the Software or Documentation.

4. Restrictions

You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.

5. Confidentiality

You acknowledge that the Software contains proprietary trade secrets of =======and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key.

6. Limited Warranty

===== WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND=========== SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, ===========, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY ==========. REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ========== DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ======= DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

7. Limitation of Liability

IN NO EVENT WILL ========== BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ==========HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ==========S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Export Restrictions

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF ========== AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

9. Termination

This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to =======all copies of the Software and Documentation in your possession or under your control. ========= may terminate this License Agreement for any reason, including, but not limited to, if ========= finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to ============all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.

10. US Government Restricted Rights Legend.

The Licensed Software and any documentation provided is commercial in nature and has been developed exclusively at private expense. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in

Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights section at 48 CFR 52.227-19, and any other successor regulations, as applicable. Manufacturer is ==== current address to be found at ===

11. General

This License Agreement shall be construed, interpreted and governed by the laws of the State of Texas without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Nueces County, State of Texas, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

12. Acknowledgment of Agreement.

I am over 18 years of age. I have carefully read understand and accept the terms of this agreement. I acknowledge that installing or using this software constitutes acceptance of all provisions of the Agreement.

IF YOU DO NOT ACCEPT the terms of this Agreement.

I acknowledge and understand that by refusing to accept these terms, I have rejected this license agreement and therefore have no legal right to install, use, or copy this Product or the Licensed software that it covers.

 

[ecmst12]

Have you asked for your money back?

 

[Zigner]

It looks to me like the change-over was unexpected (at least, not at this time.)
What length was the subscription you bought?

 

[pork]

Update on Video Chat Service

Though I asked for a refund on two separate occasions, I believe the company was so overwhelmed by the number of support requests and refund requests that it took them a couple of weeks to respond. They issued a formal apology and indicated that they were going to do everything they could to bring back any of the functionality of the product we purchased. They offered to extend our license in response.

The problem that I have is that I purchased the software as a stand-alone app with very specific features that made it the best choice for me. Now, being a public-domain web-based social network application (and not a video conferencing app), it no longer comes close to meeting my needs.

Further research has indicated that they recently lost the right to use the client any longer after a court determined that they did not have the right to license the server or client software, that they were selling the application without the permission of the developer, and that they were in violation of using the servers unlicensed as well. The reason they had 30 days to introduce the new version is that the court ordered them to "cease and desist" and gave them 30 days to comply.

So, they did what they could by hijacking a public domain social networking system and rebranding it as "their own" application. The source code is not secure and absolutely none of the video transmissions are protected. There is almost nothing similar between what I purchased and what they offer now.

Now, when evaluating this service relative to competing services, it doesn't even rank. I mean it is an obvious emergency response to the court order and I could install the same application on my server and offer the same services for free because it's free software to them.

Regardless, I will file another report on the BBB website and move on. I appreciate the time and consideration; thank you for your thoughtful replies.

Best wishes,
Pork

 

[xylene]

Why didn't you answer any question that was asked of you?

 

[asiny]

Apple, in 2011, redesigned and released a new version of their video editing software, Final Cut. Many users had purchased Final Cut for many years until EOL of FC7 and continued to upgrade to FCX.. FCX was an abortion of the software and took away many features- dumbing it down.
I never saw the class-action lawsuit for changes in the software. I just saw Apple lose a large user-base to other video editing solutions from their competitors. It's took Apple 8 months to reintegrate some features back into their software as point updates- many features need the user to purchase a plug-in from a 3rd party developer.

You did the same thing- and feel a class-action suit is needed? As others have said, you had the option of walking away and no longer subscribing to the service.