Dear Michael, @18-Jan-2005, 09:58 +0100 (18-Jan 08:58 UK time) Michael Schneider [MS] in mid:[EMAIL PROTECTED] said to Dierk:
... <snip> >> Yes, it would be nice to get at least rough estimates and the >> occasional "we are listening" from RITLabs, but are we entitled to get >> it? MS> Yepp, 'cause we paid for a working product with every promised MS> function in it. And the product we got does neither work as it MS> should nor has every promised fuction working. That is not only incorrect, it is also utterly wrong. You paid for the product you had. As *every* EULA says, "This product is supplied 'As Is'". MS> So we have a legal claim for subsequent improvement - even in MS> Russia/Moldova or where ever RITlabs sits. But that doesn't count MS> either - at least for German customers. They bought TheBat! MS> normally via element5 and so German law applies. There are "fitness for purpose" laws that may apply, but I submit to you that the BugTraq clearly explains all known shortfalls in functionality. This is public domain information, published by RITlabs that clearly documents what you should and should not expect. No other claim is made anywhere that previously stated "intentions to implement" form any kind of binding contract to supply anywhere but in your own mind. Unless, of course, you have it in writing, signed and dated by a legal representative of RIT. The legal position seems completely clear to me. -- Cheers -- //.arck D Pearlstone -- List moderator and fellow end user TB! v3.0.2.10 on Windows XP 5.1.2600 Service Pack 2 '
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