Could this be construed as misleading and deceptive under the TPA?

Its almost worth signing up to test it out. Craig, you interested?

Seriously, this is a new level of dodgy


Marty

-----Original Message-----
From: Ron Stark [mailto:ronstark§snapsite.com.au] 
Sent: Monday, 23 February 2004 10:26 PM
To: dns§lists.auda.org.au
Subject: RE: [DNS] INTRAS NetSecurity (Brad Norrish)

Interesting stuff.

First send your prospect an unsolicited bit of "free" trial software.
Then get them to read a licence agreement on your webite, that gives no
guarantee that it will actually be visible or accessible.

To quote: "You are granted a 30 days trial without charge. If the software
is not uninstalled from all computers before the 30 day mark then you are
liable to pay the license fees for the software." and "License fees are
$3630 upfront plus $252 per month inc GST for a minimum of 48 months - a
minimum commitment of $15762 inc GST."

That gives a whole new meaning to the term "not opt out", does it not?

To paraphrase that agreement, it really says "If you forget to opt out of
our opt-in-by-default trial software, you'll be liable for a minumum of
$15762.00.  The only opt-out option you have is to uninstall the software.

You'll just have to trust us that the software will be properly and
completely uninstalled, because we have no vested interest whatsoever in the
possibility that you may be unwittingly liable for $15762.00 if it isn't."

Their clauses under "Upgrades" also make interesting reading.  To quote:
"2.1 Unless explicitly stated otherwise any further upgrades or features
released shall also be subject to the terms of this license.",

... and ...

"2.2 Your license to an existing version of licensed materials may at Intras
(Australia) Pty Ltd discretion expire when further versions are released."

These clauses paraphrased read "You agree to be bound by these terms for all
upgrades and pay the $15762.00, and we reserve the right to issue an upgrade
at any time.  When we do, we can cancel your existing license at our
discretion even if you don't use the upgrade, and you'll still have to pay
the $15762.00."

I'm not a lawyer, but ...
Ron Stark

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