Hi
I suspect all the Jolyon says is true. However nothing stops you
increasing the price of the license to cover additional support costs
for the user in question. I am guessing they are a difficult customer,
you could encourage them to make the decision themselves :)
Cheers
Rob
On 16/01/2017 9:44 AM, Jolyon Direnko-Smith wrote:
IANAL but I would say that unless your terms of sale include an
explicit reservation to refuse to provide a license in exchange for
the advertised price then you would need to be able to provide a
substantive and legitimate reason to refuse. The fact that you have
already sold them a license and now wish to effectively rescind and
reverse that decision makes it even harder I would suggest, unless you
can establish a violation of the license terms to support that decision.
Bear in mind that "Management reserves the right to refuse" has to be
taken together with obligations under the human rights act (including
prohibiting discrimination on basis of ethics and/or politics as well
as more obvious reasons or race, gender, religion or sexuality etc).
So you would need non-discriminatory reasons to, uh, discriminate.
Retail stores have a slightly stronger case in that they are also
private property and as such are able to exercise a right to refuse
entry to the store as a matter of trespass (though human rights
observations still apply), but I am guessing this does not apply in
the case of a license sale which presumably does not necessitate or
involve the customer physically entering any premises in order to
complete the purchase of a license.
But again, IANAL and would should probably take proper legal advice on
the matter.
On 15 January 2017 at 20:22, Gary T. Benner <[email protected]
<mailto:[email protected]>> wrote:
*[Reply]*
HI Jeremy,
The issue will come down to the exact terms under which you sold
the licence. Not just the payment terms.
Be careful because if the customer is reliant on the software for
their business, and not "transgressed" the terms of the licence in
any way, you should be prepared to justify your actions in Court,
should they decide it is worth the cost to them.
Usually you really need to give a years notice of ceasing support,
allowing them time to move to another product.
Happy 2017
Gary
A*t 19:57 on 15/01/2017 you wrote *
>To :[email protected] <mailto:[email protected]>
>CC :
>From: Jeremy Coulter,[email protected] <mailto:[email protected]>
>Content Type: text/html
>Attached:
>
>
>
>Hi All. Sorry i know this is off topic but I cant remember the offtopic
>email address.
>
>I provide my software on an annual license fee.
>I have a customer who I would prefer NOT to provide a new license too when
>their license expires, giving them ample notice of course... for various
>reasons.
>
>I would assume there are no real issues from a legal point of view? I am
>the one issuing the license (as software owner) and I would therefore be
>able to issue to whom I wish too, or not in this case.
>
>I just wanted to know if there is something I havent thought of and I dont
>and up make a tit of myself :-)
>
>Thanks, Jeremy
>
>
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