Hello Marck!
On Tuesday, January 18, 2005 at 12:05:45 PM you wrote:
MS>> They bought TheBat! normally via element5 and so German law
MS>> applies.
> 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.
BTW, under German law Michael can only hold element5 responsible as
far as they don't shift it upon the manufacturer. I haven't bought TB
through e5 but other sw and I don't remember (in the sense: I haven't
found it on their contracts) seeing anything remotely telling me that
whatever they sell me "may be crap but don't hold us responsible".
Under German law the salesman has the right to improve any product he
sold if the customer finds it faulty to the conditions it was sold
under. If this cannot be done within reasonable effort and time
(usually two tries are granted to the seller) the customer has the
right to get part of the money back or return the product. The last
one is usually excluded for sw ("sold as is"); most direct merchants,
like RITLabs, iView or BreezeSystems offer trial versions and open
forums to see if a program fits ones needs.
I have written it in the past and I do it again: I only pay for what I
get now, not for what I may perhaps, possibly get in any undefined
future.
--
Dierk Haasis
:Dierk: Copy 'n' Concept
The Bat 3.0.2.10 on Windows XP 5.1 2600 Service Pack 2
Chat info for ICQ, AIM, MSN, Yahoo, Jabber upon request
The two shortest books in the world? Very easy: *The Complete History
of Italian Heroes* and *A Survey of German Humour*. (Derek Leveret)
________________________________________________________
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