[Sugarnutz]

Here’s a wrench in the works:

If I go to a website such as MF or to a brick & mortar store such as GC and purchase a Waves bundle or any other software for that matter, is this “Software End-User Agreement” presented to me (or you) prior to the software company and/or it’s agent (the retailer) accepting my hard earned coin? I think the answer is “NO”. This agreement is usually presented to the end user when installing the software for the first time, after the seller has already accepted the payment.

If I go to install the software, read the agreement and disagree with any of the terms, do I have any recourse to get my monies refunded? The answer here is again a “No”. If you read the refund/exchange terms posted at retailers websites or on the nice big signs over their customer service counters, it states that software cannot be refunded if already opened (which is what you have to do to read the agreement) and can only be exchanged if defective for the exact same software title.

Where does this leave the end-user? Do you have to hire an attorney to recoup your money? Sue the manufacturer or the retailer? I dare anyone here to purchase a software title, go home to install it and after reading the software agreement, try and get a refund if you don’t like the terms. It ain’t gonna happen unless your brother-in-law owns the store you bought it from.

If I purchase software and the seller does not specify any terms of the use of it before I give you my money then I can assume that any usage I might deem necessary for me is allowable. I’m not talking about making copies to give all my friends, but reasonable use which includes selling/transferring the asset after I no longer have use for it or possibly installing the software on multiple machines in my home or business that are to be used by myself only. These can be deemed reasonable/fair use by someone without getting way out in left field.

What I’m saying is that software manufacturers are going to have to present you with the complete agreement “Before” they accept your money if they want to be able to enforce all terms outlined in the agreement or they will have to offer a way to refund your money if you do not agree to “All” of their terms after the fact.

All this would take a court case to prove the point, but an end-user with the financial resources could win it. This is why software companies like Waves are offering an out to people who have received these letters, they don’t want to set a court precedent that their “End-User Agreements” are un-enforceable due to the way the transactions are handled.