[DUG] Off topic but...

[Robert Martin]

Hi

I suspect all the Jolyon says is true.  However nothing stops you 
increasing the price of the license to cover additional support costs 
for the user in question.  I am guessing they are a difficult customer, 
you could encourage them to make the decision themselves :)

Cheers
Rob


On 16/01/2017 9:44 AM, Jolyon Direnko-Smith wrote:
> 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 
> <mailto: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 <mailto:delphi at listserver.123.net.nz>
>
>     >CC :
>
>     >From: Jeremy Coulter,jscoulter at gmail.com <mailto: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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