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I am considering a lawsuit agiant Norton (Symatec). If I do not renew
my virus subcription, I will no longer be able to use the antivirus software
with the present virus defintions that I have paid for over the past 3
years. I do not want any money. I do not want a class action. All I want is
for Norton to allow me to keep using the software with the virus definitions
that I downloaded up to the date that my present subscription expired.
I invite knowledgable people to play the devils advocate and tell me
where I am going wrong. I am not an attorney. My study so far seems to
indicate that a complaint for a declaratory judgment, to determine my rights
under the contract/licensing agreement would be the way to go. Thank you.
Randy
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I am considering a lawsuit agiant Norton (Symatec). If I do not renew
my virus subcription, I will no longer be able to use the antivirus software
with the present virus defintions that I have paid for over the past 3
years. I do not want any money. I do not want a class action. All I want is
for Norton to allow me to keep using the software with the virus definitions
that I downloaded up to the date that my present subscription expired.
What does your license agreement say? If it says that all rights to
use the program expire with your subscription, you're SOL.
Gordon L. Burditt
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Rancy Snyder wrote:
I am considering a lawsuit agiant Norton (Symatec). If I do not renew
my virus subcription, I will no longer be able to use the antivirus software
with the present virus defintions that I have paid for over the past 3
years.
I don't think you have a case. It seems likely that the agreement
you clicked when you installed NAV specifies that you have a license
to use the product, and that license may be revoked at any time.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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Rancy Snyder wrote:
I am considering a lawsuit agiant Norton (Symatec). If I do not renew
my virus subcription, I will no longer be able to use the antivirus software
with the present virus defintions that I have paid for over the past 3
years. I do not want any money. I do not want a class action. All I want is
for Norton to allow me to keep using the software with the virus definitions
that I downloaded up to the date that my present subscription expired.
I invite knowledgable people to play the devils advocate and tell me
where I am going wrong. I am not an attorney. My study so far seems to
indicate that a complaint for a declaratory judgment, to determine my rights
under the contract/licensing agreement would be the way to go. Thank you.
My understanding of the EULA for Symantec's product is that you can use
the product indefinitely with the old definitions. Why do you post that
you cannot? Can you post a specific part of EULA preventing you from
doing so?
OTOH, if the EULA is time based, there is nothing preventing that from
being legal. A EULA is a contract you implicitly agreed to when you
broke the seal. That is, there are EULA's for subscriptions which would
truly expire if not renewed. There is nothing illegal or, AFAIK,
unethical about that.
If the EULA is time based and you wished to use the sw indefinitely,
then you purchased unwisely. I don't think it a good idea for you to try
to ask the courts to undo a decision you freely made.
-paul
ianal
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In article <bo88u0hbe4rgoc5j0kfo162qikah6rr782@4ax.com>,
Arthur L. Rubin <ronnirubin@sprintmail.com> wrote:
Rancy Snyder wrote:
I don't think you have a case. It seems likely that the agreement
you clicked when you installed NAV specifies that you have a license
to use the product, and that license may be revoked at any time.
If they revoke the license, shouldn't they refund his money?
Otherwise, I'd consider the contract unconscionable.
Seth
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My understanding of the EULA for Symantec's product is that you can use
the product indefinitely with the old definitions. Why do you post that
you cannot? Can you post a specific part of EULA preventing you from
doing so?
They state on their web site that if I don't re-subscribe, or buy
the newest, latest, wiz bang 2005 addition, that I will no longer be able to
run the software. There is no mention of this in the license agreement. I
won't know for sure if their web site is correct until later. The
subscription expires on 1/25/05 and they probably have it set to run for a
couple of weeks to give one time to cough up more money. Thanks to several
posters who all raise good points to be considered. Randy.
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Seth Breidbart wrote:
In article <bo88u0hbe4rgoc5j0kfo162qikah6rr782@4ax.com>,
Arthur L. Rubin <ronnirubin@sprintmail.com> wrote:
I don't think you have a case. It seems likely that the agreement
you clicked when you installed NAV specifies that you have a license
to use the product, and that license may be revoked at any time.
If they revoke the license, shouldn't they refund his money?
Otherwise, I'd consider the contract unconscionable.
Not after 3 years. There's the additional factor that it
might be considered false advertising to say that it IS
a virus scanner if it doesn't accept updates....
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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In article <j5ffu099vp436pkvg5lg1hs83d9td0k5kg@4ax.com>,
Arthur L. Rubin <ronnirubin@sprintmail.com> wrote:
Seth Breidbart wrote:
I don't think you have a case. It seems likely that the agreement
you clicked when you installed NAV specifies that you have a license
to use the product, and that license may be revoked at any time.
Not after 3 years. There's the additional factor that it
might be considered false advertising to say that it IS
a virus scanner if it doesn't accept updates....
If he stopped paying for updates after 1 year, they'd "revoke his
license" (without even telling him) then. Is that short enough to be
unconscionable?
And the virus scanner _accepts_ updates, it's just that the update
site won't send them unless they're paid for.
Seth
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