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Movie Collector 5 released

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mouser:
DC ran discounts on collectorz software in the past.

They seem like very nice people - i'd be surprised if they didn't honor the lifetime upgrade for people who bought their programs when that was the stated policy.  Carol got it exactly right.

If they for some reason decide not to honor it, i think DC would feel some responsibility and we would of course contact them on behalf of all members and let them know this is not ok to do.

Carol Haynes:
Should have looked before I shouted - see the forum column here:

http://www.collectorz.com/phpbb2/viewtopic.php?t=8645

However the cutoff date is November 14th 2006

Doesn't really answer the question for me as I bought mine in December (just checked my receipts again) and the website still has references to free upgrades!

Darwin:
Thanks for posting your e-mail to Collectorz.com and for clarifying their upgrade discount pricing, Carol. I must learn to be more methodical in researching things like this before dashing off panicked e-mails to support! The inclusion of the links to the webpages STILL describing lifetime upgrades really strengthens your case (and their absence weakens mine  :()! Scheming... shall I dash off another missive complete with supporting evidence (meditatively strokes chin and scratches nose)?

Darwin:
Well... I wrote a more reasoned and better argued note and sent it to a real e-mail address (rather than simply filling out a support form from their website). I don't expect anything to be done about this, but I do feel that they should hear from as many of their users as possible that policy changes such as this need to be rolled out with a great deal of fanfare to avoid, as Carol notes, feelings of mistrust and ill-feeling.
--- End quote ---

Right, I have a hot date with a 50,000 year old Neanderthal from Gibraltar, a number of spreadsheets, two databases, and ArcGIS. It really doesn't get any better than this...  :'(

Carol Haynes:
I posted to their forum too and got this response ...

CarolHaynes,
I bought 3 apps (Books, Music and Movies) last December and as far as I understood it upgrades were free - it even still says so on some pages of the website
--- End quote ---

I apologize if the site gave that impression; we intended the policy to be clear. It is also mentioned in the license agreement.
You are right that we did not consider older reviews/testimonials in this regard, maybe we should have added some kind of note about this.
--- End quote ---

Well that's a potential future customer lost - I hate it when people do this. How many people actually read (or understand) license agreement small print.

Actually I have just run the installer again that I downloaded in december and it make absolutely no reference whatsoever to upgrades (paid or free) ... here is it:

December EULA for Collectorz Movie Collector from installer: moviecollectorsetup_5413285.exeCollectorz.com Movie Collector is copyright © 2000-2006 Bitz & Pixelz BV.  All rights reserved.
"Collectorz.com" is a trademark of Bitz & Pixelz BV.

IMPORTANT--READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING THE SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE AND NOT OPERATE AFTER MORE THAN FIFTY (50) RECORDS HAVE BEEN CREATED. THE PURCHASE OF A LICENSE KEY IS REQUIRED FOR CONTINUED USE OF THE SOFTWARE AFTER IT HAS EXPIRED.

* Software Grant of License
Bitz & Pixelz BV grants you a non-exclusive, non-transferable license to use the program with which this license is distributed ("the Software"), including any documentation files accompanying the Software ("the Documentation"), provided that: (i) the Software is not used on more than one computer at a time; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; (iv) the Software has not expired; and (v) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.

* Ownership
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Bitz & Pixelz BV.

* Copyright
The Software and Documentation contain material that is protected by Dutch Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Bitz & Pixelz BV. You may not remove any proprietary notice of Bitz & Pixelz BV from any copy of the Software or Documentation.

* Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.

All text and graphic images retrieved by the Software via the internet ("Downloaded Data") is licensed to you for personal, non-commercial use only. You must not use any Downloaded Data for any commercial purpose, or aggregate it with any other data in a database. Prohibited use includes, but is not limited to, using Downloaded Data in a website that aims to earn revenues from its visitors in any way, including selling products or site advertising.

* Confidentiality
You acknowledge that any licence keye that you have purchased or will purchase will be kept confidential by you and will not be published in any way. Publication of your license key immediately terminates this License Agreement, and gives Bitz & Pixelz the right to invalidate the licence key without refunding your purchase.

* Submitted Data License Grant
By submitting data to the Collectorz.com Movie Database you grant Bitz & Pixelz BV a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,and display any data you submit throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply will not cause injury to any person or entity; and that you will indemnify Bitz & Pixelz BV for all claims resulting from content you supply. Bitz & Pixelz BV has the right but not the obligation to monitor and edit or remove any content. Bitz & Pixelz BV takes no responsibility and assumes no liability for any content submitted by you or any third
party.

* Limited Warranty
Bitz & Pixelz BV WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND Bitz & Pixelz BV'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT Bitz & Pixelz BV'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY Bitz & Pixelz BV REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bitz & Pixelz BV DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bitz & Pixelz BV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

* Limitation of Liability
IN NO EVENT WILL Bitz & Pixelz BV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF Bitz & Pixelz BV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Bitz & Pixelz BV'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

* Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Bitz & Pixelz BV all copies of the Software, Downloaded Data and Documentation in your possession or under your control. Bitz & Pixelz BV may terminate this License Agreement for any reason, including, but not limited to, if Bitz & Pixelz BV finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Bitz & Pixelz BV all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, downloaded data, submitted data and non-disclosure shall survive the termination of this Software License Agreement.

* General
This License Agreement shall be construed, interpreted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Amsterdam, the Netherlands. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

--- End quote ---


By the way I haven't updated since that version - does anyone have a copy of the latest installer (pre the current upgrade) as only the new version is available for download on the website!

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