aiui anything that specifically penalises that one customer is potentially discriminatory, not *just* outright refusal to serve.
On 16 January 2017 at 09:50, Robert Martin <[email protected]> wrote: > 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]> 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] >> >> >CC : >> >> >From: Jeremy Coulter, [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 >> >> > >> >> > >> >> >_______________________________________________ >> >> >NZ Borland Developers Group - Delphi mailing list >> >> >Post: [email protected] >> >> >Admin: http://delphi.org.nz/mailman/listinfo/delphi >> >> >Unsubscribe: send an email to [email protected] with >> Subject: unsubscribe >> >> >> Gary Benner CITPNZ >> >> Chartered IT Professional >> >> >> Email: [email protected] >> >> Mobile: +64 21 966 992 >> >> Office: +64 9 281 4391 >> >> >> >> >> >> >> Director >> >> 123 Internet Ltd >> >> .nz Internet Registrar >> >> Cloud Web Hosting >> >> >> >> Director >> >> Onlearn Ltd >> >> e-Learning Specialists >> >> Moodle - Articulate - Camtasia >> >> >> >> Director >> >> Tsunado New Zealand Ltd >> >> Tsunado Australia Ltd >> >> Emergency Public Alerting >> >> >> >> Director >> >> Semantic Ltd >> >> Web, Mobile & PC Software >> >> IT Systems Consultancy >> >> >> >> >> >> Ref#: 41006 >> >> >> _______________________________________________ >> NZ Borland Developers Group - Delphi mailing list >> Post: [email protected] >> Admin: http://delphi.org.nz/mailman/listinfo/delphi >> Unsubscribe: send an email to [email protected] with >> Subject: unsubscribe >> > > > > _______________________________________________ > NZ Borland Developers Group - Delphi mailing list > Post: [email protected] > Admin: http://delphi.org.nz/mailman/listinfo/delphi > Unsubscribe: send an email to [email protected] with > Subject: unsubscribe > > > > No virus found in this message. > Checked by AVG - www.avg.com <http://www.avg.com/email-signature> > Version: 2016.0.7996 / Virus Database: 4749/13775 - Release Date: 01/15/17 > > > > _______________________________________________ > NZ Borland Developers Group - Delphi mailing list > Post: [email protected] > Admin: http://delphi.org.nz/mailman/listinfo/delphi > Unsubscribe: send an email to [email protected] with > Subject: unsubscribe >
_______________________________________________ NZ Borland Developers Group - Delphi mailing list Post: [email protected] Admin: http://delphi.org.nz/mailman/listinfo/delphi Unsubscribe: send an email to [email protected] with Subject: unsubscribe
