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Old 03-24-2013, 09:20 AM
 
Asiaplay Asiaplay is offline
 

X-Wizard
  
Join Date: Oct 2005
Posts: 1,242
 

Default Re: X-Cart v4 licensing and it's reusing in new businesses

@Xim

I am we clearly agree on the one database part of the discussion.

In regards to the license...

Opps - so your support staff did clarify to customers directly that licenses could be transferred free of charge (likewise, as was the one database issue to myself)!

I also think you are trying to simplify things...
There are two other things you need to take into consideration in relation to this discussion (and before making a final decision):-

a) For over a decade license holders were allowed to change their licenses free of charge, as many times as they wanted to - this implies that contractually that this was therefore allowed and how licensing was treated and this is clearly how every customer understood the liense was offered! (and this is actually how the feature was coded by QT into the help desk, for customers to use i.e. it shows clear intent!)

b) You never restricted the license not being transferable and in fact, even when a license was sold / transferred to a 3rd party the license were also readily able to be changed free of charge.

c) What did your customers understand that the licensing considerations were over the last decade (and some at least before purchasing)?

So clearly there is intent and precedence here from a contractual perspective - yes???

Cheers - Asiaplay

PS: Why I never commented on the recent change to x-payments licenses, is as this was an add-on product which was offered free to x-cart users (so taking it away if not being used, although a bit like having a present taken back, was not illegal in terms of contract licensing i.e. no consideration was given by your customers for that product who got given a license free of charge based on an existing product they owned - so it is more of a good-will or bad-will issue to both parties)!
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