The End user “Licence” agreement,. is the Licence to Use the Digital media ...
The “product” you purchase,. contains the Digital media, and the User licence (agreement).
SO the FEE you PAY to the company, is for the Digital media assets (3D models or software) and the Legal Licence to use that product in the way it was intended to be used” (under the terns of the licence agreement)
In order to be able to install, and Use the digital media part of the product you’ve purchased,.
you must First agree to abide by the terms of that Licence of USE which you’ve purchased
If you don’t agree , then the software will not be installed.
Again, .. you’re stuck on the USE licence, since it’s apparently an agreement,..
but it’s a completely different thing… it’‘s the licence which allows you to use the software and posses a copy of it.
It doesn’t say anything about Which Product you’re purchasing,...
It doesn’t say anything about how much you paid for the product.
Those terms,.. are what you NEED to know, and understand,.. before you can reasonably make the decision whether to Purchase the item,.. or not.
EG: What do I get for my money.
The EULA, is only available to you at the point if installation,.
Not at the “point of sale” .. so,.. it cannot be seen in any way, as a terms of sale,.. since it’s only available to you after sale.
what’s being offered to you, for money, ...and what do you expect to receive for that money.
(those are the basic terms of sale) (simplified)
EG: What item is being offered to me,.. for the money I’m paying.
You Need to have a description of what you’re buying, and what you should expect to get,. and what fee you’re expected to pay.
If you don’t know (what you’re purchasing) ...(what it actually includes), and how much you will be paying for that,..
then you cannot reasonably be expected to enter into such an unclear agreement.
The part about this End user “licence” agreement (superseding) all previous licence agreements…. Refers to any previous EULA you may have agreed to, for a previous version of that product.
in simple terms,
If this is an update to an existing purchase, to which (presumably) you’ve already agreed to the previous terms of the EULA,. when you installed it.
then this NEW agreement, nullifies that old one. and is now the main licence.
this is a legal mechanism to allow the terms of the EULA to be changed, altered and updated. ..as technology may change.
It supersedes any previous (End User Licence Agreement) for the use of the product. which you may have agreed to previously.
The Product fitness for purpose issue, is again something from the USER licence.
but generally these are a bunch of “cover all possible scenarios” which are exempting the company from any legal action taken against them.
As I mentioned in the last post,.. this is an (Expectation) that the product will work as intended,.. and it’s a Shared Expectation.
You expect it to work, ..and so does the retailer…
No company intentionally sets out to sell you badly made, faulty goods.
Sometimes even products made by robots in a factory have flaws and errors,. since humans are involved at some level,.
so even from the highest quality manufacturing processes,
you MAY occasionally get something that doesn’t work as it was intended to,..
This is as much of a disappointment to the Manufacturer or retailer as it is to the paying customer,. and is usually dealt with swiftly, and the company usually accepts the costs involved in resolving that issue.
They do that because the Manufacturer / Distributor / Retailer, all want to sell you the best products,. which are Fit for Purpose, and Fit for Retail,.
because it’s in the interests of both parties to make things work, and keep you as a happy customer.
These are all parts of the EULA,. and they’re all perfectly valid. and clear, but they have noting to do with the way in which the Sale or products are presented to you,.. and those Need to be Clear. to allow you to make a purchasing decision.
If you were buying the product,.. (as seen)
Which version did that price entitle you to. ? and would you expect to receive a valid serial number, which would not expire. ?
or,.. was this payment for use of the software until that serial number expires, ....and then you purchase the next version ?
until it expires ?
What about any included content,. since this is a PRO version, of the Beta,.. it should include the Carrara native content..
(which isn’t supplied as part of the beta testing program)... ?
Again,.. these are the terms offered to you by the company, at the point of sale, which allow you to decide if the Product, (As it’s being presented to you) ...(as Seen) ...with that description, ...and at that price, is the type of sales offer which you are willing to enter into.
I’m going to leave it there, because you’re confusing the Licence, (to have, and to use the product)
with the way that it’s presented for sale to you,..which are the terms of what you’re getting for your money,.. and your ability to make a decision about that proposed sale based on the information supplied to you. before you part with your payment.
Not a licence (which is part of the product) to USE the “digital assets” of the product, which you can only possibly agree to, after you have parted with you payment for the product.
On the “Beta” and updates etc,,..
That example of how most companies who choose to create development income by making their software available for sale (usually at a reduced fee) ,.. Normally have “terms of sale” which will offer the customer the full Licence for the Final software, if they purchase the licence NOW, and are willing to wait while the product develops,..
There is NOTHING wrong with that,. since the terms are clear to the customer, at the point of sale.
The Licence you’re paying for,. will have terms which you will have to agree to, and is the “legal licence” which allows you to use the software. (under the terms laid out in the agreement)
There’s nothing wrong with selling anything in any condition,. as long as the customer is aware at the time of sale what they are purchasing.
Selling Beta software, in a way in which could be perceived as a “normal store product” is wrong, since that would be misleading.