Legal Question in Technology Law in California

Online Shopping cart updates

Hi I have purchased an online shopping cart with access to updates for 12 months, I have downloaded the software updates from the manufactures website and I now need a key to run the updated software, my update period has expired and the company has refused to provide me with the key to operate the software trying to hid behind thier licence policy which thay state

''The Developer does not retain any copies of the Software System for archival or backup purposes. The Licensee is responsible for creating and maintaining one backup of the Software system for backup and archival purposes only if they so choose.''

''Your license will need to be renewed on regular yearly basis in order to continue receiving support and updates after that year and each year thereafter. Failure to renew will result in termination of support and access to any Software downloads or license keys provided on our site.''

Is there anything I can do about this, I believe I am entitled to use this software as it was released during my update period.

Thanks for your help


Asked on 3/01/08, 7:41 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Online Shopping cart updates

Their terms are clear and probably binding if they forced you to scroll through and consent to the terms before you were able to purchase/use the software and assuming they haven't added these provisions since then without making you consent to them.

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Answered on 3/03/08, 6:42 pm


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