One can easily make the argument that if they never actually received version 2.0, but the first version MOTU shipped them was 2.01, then they DON'T and NEVER HAVE owned version 2.0. Especially, since we are all aware that MOTU clearly did not intend for those users to have version 2.0 and those who did receive it, did so due to an error.muzak13 wrote:Not a question but an observation: I believe this is where ethics comes into play - and I believe it is ethical for someone who legally owns and never received v2 to be able to downgrade to it.
MachFive 2 Manual???
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It's a good point James and one that could only be settled in a "lawyerly" way by a good reading of their end user license agreement, which is nowhere to be found online. However by beginning to install v1, then saving the EULA and declining to accept it I got a copy of it - which brings up an interesting question - if you buy the software and decline the EULA will you receive a refund?
That's why the EULA should be online - I know it might seem like I'm splitting hairs here but I'm an Art Director and font foundry EULA's have become quite an issue in the graphics world, that's why they are all online so you know what you're getting into when you purchase a font. Some foundries do not allow you to embed fonts in PDFs, effectively making them useless in a modern work flow. DRM is a very sticky issue right now.
Here are some interesting items in the MachFive EULA:
YOU MAY:(c) make copies of the Software solely for backup purposes. You must reproduce and include the copyright notice on a label on any backup copy.
YOU MAY NOT: (a) distribute copies of the Software to others
3. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" AND MOTU AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR ANY PARTICULAR PURPOSE. MOTU AND ITS LICENSORS AND SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
These are just a few points I picked out.
If you make a backup copy you must label it with the copyright information? That seems just plain weird, but not necessarily unethical.
The second statement validates your take on the v2 issue.
Finally - we don't guarantee this to work, at all, unless you are in certain states where our legalese doesn't fly. I hope customer service has not read this too closely. This seems very unethical to me. If someone has tried to resolve their issues with technical support and just can't get it to run, MOTU should rescind the ILok license and refund your money (perhaps minus shipping).
Or if you decline the EULA they should refund your money.
pbc
That's why the EULA should be online - I know it might seem like I'm splitting hairs here but I'm an Art Director and font foundry EULA's have become quite an issue in the graphics world, that's why they are all online so you know what you're getting into when you purchase a font. Some foundries do not allow you to embed fonts in PDFs, effectively making them useless in a modern work flow. DRM is a very sticky issue right now.
Here are some interesting items in the MachFive EULA:
YOU MAY:(c) make copies of the Software solely for backup purposes. You must reproduce and include the copyright notice on a label on any backup copy.
YOU MAY NOT: (a) distribute copies of the Software to others
3. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" AND MOTU AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR ANY PARTICULAR PURPOSE. MOTU AND ITS LICENSORS AND SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
These are just a few points I picked out.
If you make a backup copy you must label it with the copyright information? That seems just plain weird, but not necessarily unethical.
The second statement validates your take on the v2 issue.
Finally - we don't guarantee this to work, at all, unless you are in certain states where our legalese doesn't fly. I hope customer service has not read this too closely. This seems very unethical to me. If someone has tried to resolve their issues with technical support and just can't get it to run, MOTU should rescind the ILok license and refund your money (perhaps minus shipping).
Or if you decline the EULA they should refund your money.
pbc
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