[DUG] Off topic but...

[Jolyon Direnko-Smith]

IANAL but I would say that unless your terms of sale include an explicit
reservation to refuse to provide a license in exchange for the advertised
price then you would need to be able to provide a substantive and
legitimate reason to refuse.  The fact that you have already sold them a
license and now wish to effectively rescind and reverse that decision makes
it even harder I would suggest, unless you can establish a violation of the
license terms to support that decision.

Bear in mind that "Management reserves the right to refuse" has to be taken
together with obligations under the human rights act (including prohibiting
discrimination on basis of ethics and/or politics as well as more obvious
reasons or race, gender, religion or sexuality etc).  So you would need
non-discriminatory reasons to, uh, discriminate.

Retail stores have a slightly stronger case in that they are also private
property and as such are able to exercise a right to refuse entry to the
store as a matter of trespass (though human rights observations still
apply), but I am guessing this does not apply in the case of a license sale
which presumably does not necessitate or involve the customer physically
entering any premises in order to complete the purchase of a license.

But again, IANAL and would should probably take proper legal advice on the
matter.

On 15 January 2017 at 20:22, Gary T. Benner <gary at benner.co.nz> wrote:

> *[Reply]*
>
> HI Jeremy,
>
> The issue will come down to the exact terms under which you sold the
> licence. Not just the payment terms.
>
> Be careful because if the customer is reliant on the software for their
> business, and not "transgressed" the terms of the licence in any way, you
> should be prepared to justify your actions in Court, should they decide it
> is worth the cost to them.
>
> Usually you really need to give a years notice of ceasing support,
> allowing them time to move to another product.
>
> Happy 2017
>
> Gary
>
> A*t 19:57 on 15/01/2017 you wrote *
>
> >To : delphi at listserver.123.net.nz
>
> >CC :
>
> >From: Jeremy Coulter, jscoulter at gmail.com
>
> >Content Type: text/html
>
> >Attached:
>
> >
>
> >
>
> >
>
> >Hi All. Sorry i know this is off topic but I cant remember the offtopic
>
> >email address.
>
> >
>
> >I provide my software on an annual license fee.
>
> >I have a customer who I would prefer NOT to provide a new license too when
>
> >their license expires, giving them ample notice of course... for various
>
> >reasons.
>
> >
>
> >I would assume there are no real issues from a legal point of view? I am
>
> >the one issuing the license (as software owner) and I would therefore be
>
> >able to issue to whom I wish too, or not in this case.
>
> >
>
> >I just wanted to know if there is something I havent thought of and I dont
>
> >and up make a tit of myself :-)
>
> >
>
> >Thanks, Jeremy
>
> >
>
> >
>
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> Gary Benner CITPNZ
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