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Favorite ZIP/RAR application?
Renegade:
For all the other WinRAR customers, who have purchased a regular license (even if the purchase has been made in 2005 or 2003 for example), we still offer free upgrades and updates. There are no indications that this policy will change in the near future.-WinRAR
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Clear enough!
-Darwin (March 14, 2011, 10:38 AM)
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...let's just hope they stick with that for a long time :)
-f0dder (March 14, 2011, 01:53 PM)
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One would hope.
I spoke with an attorney recently about all these 'policy' changes where software developers are backing out of their former 'lifetime' license agreements by either changing the product's name, or simply announcing (with a suitable amount of handwringing) that they've decided to no longer honor their previous terms.
He said if the software user was legally bound by the terms of the license at the time of installation, such an after the fact policy change to the license terms could be construed as a breach of contract and could also risk running afoul of antifraud statutes. At least in the USA.
He also said the business justifications that are offered for backing out of "lifetime free upgrades" agreement have no legal relevance. If you enter into a contract, you are bound by what both parties agreed to, even if your situation changes down the road.
The only way out of that is to either offer a new set of terms BOTH parties agree to - or refund the buyer's original purchase price.
Moral: stand by your word or have your checkbook ready. And think twice about what you offer. :'(
-40hz (March 18, 2011, 08:43 AM)
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Years ago Fruity Loops offered lifetime upgrades for free. Then, they stopped producing it and instead went with its replacement, Fruity Studio.
The name changed. Technically, they were still honoring their agreement.
I don't know if changing policy/agreement could ever be enforced by the courts. I've not heard of any cases.
NigelH:
I assume that the standard upgrade policy also applies to the Ashampoo offer, but you might want to double check.-mwb1100 (March 23, 2011, 04:40 PM)
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-I don't think it does; the license box is stamped "Ashampoo Version".
But I have just now written the company and asked.
-Curt (March 23, 2011, 06:33 PM)
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Curt, did you ever get a reply regarding the upgrade policy?
40hz:
Years ago Fruity Loops offered lifetime upgrades for free. Then, they stopped producing it and instead went with its replacement, Fruity Studio.
The name changed. Technically, they were still honoring their agreement.
I don't know if changing policy/agreement could ever be enforced by the courts. I've not heard of any cases.
-Renegade (March 23, 2011, 08:24 PM)
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I was discussing that same thing with an attorney not to long ago. The answer is a "definite maybe." ;D
Fortunately for most of these companies, the average user doesn't care enough to force the issue. This attorney said some of these companies would likely have a very bad time if they wound up in court. In the USA, it also gets a lot more serious if you're doing business online and with credit cards. Any time you use electronic transfers it opens up the possibility doing something that could be considered fraudulent, which makes it a criminal offense.
Moral: don't play games with your commercial agreements. Especially if you're doing business online.
Rule of Thumb : Never offer your customers a 'lifetime' anything. :huh:
Curt:
Curt, did you ever get a reply regarding the upgrade policy?-NigelH (March 26, 2011, 06:37 AM)
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-yes and no; they are still calculating.
y2kusuma:
I decided to buy a WinRAR license but before I made my purchase, I emailed [email protected] if they still offer lifetime upgrades. Here is the reply :
"Thank you for contacting WinRAR!
It has always been our policy to offer our licensed private users free
upgrades. There is no indication this policy will change in the
future."
So I bought it, but when I tried to register WinRAR 4.10 Beta 5 with the attached registration file, the registration failed. I emailed support immediately and this is the reply :
"Hello,
this 'version specific' license needs WinRAR 4.01 to run.
It will not accept any newer version of RAR / WinRAR.
If not already done, download and install WinRAR 4.01"
What??? It doesn't look like lifetime upgrades license to me. Not register, even on the same major version. I demand my lifetime license, but two days have passed and still no response. Now I'm thinking to claim a refund with Paypal.
I still believe in lifetime licenses, I have those from PowerArchiver, TrueLaunchBar, Axialis and recently Listary Pro.
WinRAR? Never again.
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