I didn't save my download file I bought...

[plbproductions]

Hello I purchased microstudio req code upon request . And if I am reading your Faq right, your saying I have to purchase and upgrade to to renew my download link? what a load of ****. This is hiway robbery. I paid for a product, only downloaded it once, my computer crashes and now I have to pay you $15 dollars to get it back. How do you see this as ethical practice? How would you like me to sell you a car and when you came in for service a couple of years later tell you you have to buy another key because your time is up. I was happy with the version I had, and used it alot. I would just assume keep that version then update because you want $15 more from my pocket. I would like to know what your going to do about this and don't fluff me off. And how can I be a product owner if You require me to pay more money for something I should have acess to and already own. $15 dollars is not alot of money but it is a principal. On the email that I have does it say anywhere that there is a time constaint or a renewal fee. I made a backup copy but have no idea where I placed it. Please do the right thing and renew my link.

Peter B

This is a support question from a visitor or MTU product owner.

[bryant]

I don't know, but sure sounds like somebody wants something for nothing.

Every time I hear "please do the right thing", it usually means that, huh?

[MTUSUPPORT]

Peter,
The order was placed 10/05/2004. I am sorry but the link expires after one year. If you did not download the file and put in a safe place, then the only means of obtaining the installation program again is to purchase the upgrade.

I am sorry that you didn't save the file in a safe location.

Here is the Policy, where it has been stated for quite a while: http://www.mtu.com/support/info.htm

Do I get free upgrades to MTU software products?
Yes, with some restrictions. Starting with Microstudio 2.506, released August 12, 2003, we have a new security protection that requires a Registration Code to install. This code is created when you order from our on-line store, and emailed to you along with the download link to get the program over the Internet. This still allows you to get free upgrades within your purchased version number. For example, if you buy Microstudio 2.506, you can have free upgrades to any 2.5 version, which will be for bug repairs and minor feature additions. When we add major new features and change from 2.5 to 2.6, there will be an upgrade charge if released beyond 30 days from the day you order. For example, if you purchase a 2.604 version and within 30 days we release 2.700 version, we will give you a free upgrade to the 2.7 version.

NOTE: If your Download Link shows expired in your Store account, then you must purchase the upgrade to replace this. When you purchase the software from us please make sure that you download the file and store it in a safe place. You can download the file up to 99 times during a 1 year period. Click here for the FAQ on how to get into your Store account.

Major product changes, for example from 2.x to 3.x, are considered a different product. In this case, if you have purchased a prior version of this product name (Vogone 2.210 for example), for a limited introductory period (usually 1 month), we make a special offer to buy the 3.x product at the retail price less what you paid for the prior version. There may be exceptions to this on individual products.

[MTUSUPPORT]

Also I have not had any emails from you, since that was the title of your post. I am not sure where you sent the email, but it wasn't to support at mtu.com.

[plbproductions]

You Know I am not asking for nothing, I am asking for the version that I purchase . I could care less about the upgrades. that is all I would like from you. As far as your downloading faqs you can rewrite them any time you want, and no one would be the wiser. I have a copy of the mail showing there is no time limit or expiration on it. You know Brian H I was not trying to sound disgruntled, I was just wanting the download that I purchased.

Again I go back to the car thing see first post.

Peter

[plbproductions]

Brian H, If you look at this lic. agreement you sent with my copy of my legal program that I purchased you would see there is nothing in here mention about a time limit to download and a reinstatemnet fee. Your timelimit thing started after my install and you cannot by law impose it on me. Read for yourself. Also the email which I do still have a copy of does not state it.

If you or any of your forum members read anywhere in this lic aggreement, where there is a time limit please let me know and I will leave this forum alone...Peter

Micro Technology Unlimited (MTU) hereby grants the buyer a non-exclusive, non-transferable license to use Microstudio (the product) on one Central Processing Unit (CPU) only. By installing this software on a single computer, you agree to the following.
I agree that I will not disclose my security Registration Code that unlocks the installation of the code, or my provided means to access the code to any other person. I will hold both secret. I understand that if my security number is disclosed to anyone else or to the public that I will be held responsible for the damage to MTU.

I fully accept all clauses of this agreement and will abide by them for as long as I possess the product. I may at any time remove my single installed copy and return all copies of the product in my possession to MTU without refund, and state in writing that I no longer use, possess or own a copy of the product, thus terminating my rights and restrictions under this agreement. Notwithstanding, all clauses that hold MTU harmless from my use or prior use of this product remain in legally binding effect.

I agree that the Microstudio product name, logos, software, documentation and other materials are copyrighted and trademarked and are entirely owned by MTU as trade secret proprietary information.

I agree to not attempt to override the security protection in the software. I further agree not to decode or attempt to decipher the code for the intent of duplicating its function. I further agree not to remove any product identification or copyright notices or other such proprietary restrictions from MTU products, screen images, manuals, etc.

I agree that I will only make one archival back-up copy of the product for my personal use. I understand that copying of codes, disks or documentation for any other purpose is strictly prohibited. I understand my rights under this agreement terminate if I distribute the product in any form via any means without the written permission of MTU.

I understand and agree that if I violate this agreement it can cause unlimited financial damage to MTU, which will be legally binding upon me. I understand that I am fully liable for the damage that will be done to MTU. I agree that I will pay all legal costs, lost income, collateral damage and any other expenses and penalties to MTU.

I agree that if I use the product in any way that would violate copyright law or any other legal statute of the United States of America, or any other country, I will hold MTU harmless for my actions. If any legal consequences or suit are brought against MTU or me because of my actions. I AGREE THAT MICRO TECHNOLOGY UNLIMITED OR ITS CONTRACTORS OR SUPPLIERS SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM MY BREACH OF THESE WARRANTIES, EVEN IF MICRO TECHNOLOGY UNLIMITED OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This means that Micro Technology Unlimited is not responsible for any costs, including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the product, loss of data, costs of regenerating lost data, the cost of any substitute product, claims by any party other than me, legal costs incurred, or for any other costs. I understand that some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to me.

To the maximum extent permitted by applicable law, MTU and its suppliers disclaim all other warranties, representations, promises and guarantees either expressed or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. MTU will not be liable for any bug, error, defect or error of any kind in this software. As a result this software is provided "AS IS". This limited warranty gives the purchaser specific legal rights. These rights may vary from state or jurisdiction to state or jurisdiction.

I agree that MTU's liability for damages to me or others resulting from use of the product shall not exceed the amount of the non-exclusive license fee I have paid to MTU under this Agreement.

Trademarks: MTU and Microstudio are trademarks of Micro Technology Unlimited. If there are any others we have omitted, please notify us.

[George]

This is a copy taken from the POLICIES page of MTU website.

"NOTE: If your Download Link is expired in your Store Account, then you must purchase the product upgrade. When you purchase the software for Internet delivery it is your responsibility to download and save the file in a safe place, or write it to a CDROM. You can download the file up to 99 times. As of February 16, 2006 MTU download links are available for one (1) year, but this will be shortened to 30 days or less. Make sure you download the file as soon as you purchase to prevent having to purchase an upgrade to get a new download link."

It is not unusual for companies to make policy changes. We are seeing it in the news every day, including changes in vested retirement plans. MTU has been preaching to deaf ears for years to make a back up if the product installation file, and tne corresponding installation code. It was clearly stated in the original download link.

When this advice is not heeded it is not an unusual practice to pay for a new registration key. This is commonplace in the software industry. Try telling Microsoft you lost your registration key for WindowsXP and want another one at no cost, and see what they tell you.

Heretofore MTU has not followed this practice, but it appears from the above that they have simply changed their policy, and posted it for all to read, with a declaration of future plans.

To use your automobile example, call your dealer and tell them you lost your ignition keys to your two year old car and want new ones at no cost. He'd probably tell you you should have had a back up made and kept it in a safe place, and then charge you for a new key and a service charge to come to the auto to make a new key.

That's an apples to apples comparison to what's happining here.

George

[admin]

Originally Posted by plbproductions

You Know I am not asking for nothing, I am asking for the version that I purchase . I could care less about the upgrades. that is all I would like from you. As far as your downloading faqs you can rewrite them any time you want, and no one would be the wiser. I have a copy of the mail showing there is no time limit or expiration on it. You know Brian H I was not trying to sound disgruntled, I was just wanting the download that I purchased.

Peter, you ordered and received the installation program 17 months ago.

Originally Posted by plbproductions

Brian H, If you look at this lic. agreement you sent with my copy of my legal program that I purchased you would see there is nothing in here mention about a time limit to download and a reinstatemnet fee. Your timelimit thing started after my install and you cannot by law impose it on me. Read for yourself. Also the email which I do still have a copy of does not state it.

We have never stated we will maintain download links for past purchases beyond a resonable delivery period, which has always been at least 30 days. Your statement above "implies" that you think we have a legal obligation to continue providing what you were delivered 17 months ago... FOREVER? We did NOT state we would continue to allow free delivery, therefore we have discontinued it. You received what you paid for, and failed to protect it.

We don't keep back product versions on-line, or even in our active archives at MTU. We only make our current code available that embodies our latest work.

Our responsibility is to provide you a free download link for a resonable delivery period... not forever.

Your responsibility is to save what you purchase from MTU or any other software vendor. Many users buy the installation program on CDROM to insure they have it safe.

If you want the code you lost, you can buy the current code for our discounted upgrade price, and enjoy the product again.

I am closing this Thread as the answer is clear.

[plbproductions]

Brian you need to make my issue right or I will be reporting you to the better buisness burea.

Peter

[MTUSUPPORT]

Your thread was closed by Admin. I don't have the power to do anything on this. He gave you the answers in this thread: http://forum.mtu.com/showthread.php?t=7018

This has been the policy, stated on our website for over a year.

Admin, is the one that has control, not me.

[plbproductions]

Sorry I though you did it.

Peter

[admin]

I merged your second Thread into your first one so we have all the facts together.

Below, I EXACTLY (including UPPER/lower case) quote the email you received from the MTU Store on 10/05/2004 for your order #18029. EXACTLY! We have also sent this to you AGAIN so you will have it should you file a complaint with the BBB as we will also copy them should you complain to them. The facts are very clear.

"SAVE MONEY! Right after you download the Installation Program below,IMMEDIATELY make a backup copy of it on a CDROM. Also save this email in a safe place. If you loose it, you must purchase the $15 product upgrade from our store. We cannot create your Registration Code again."

You were clearly warned 17 months ago that it would cost you $15 if you didn't save your downloaded installation program, which you didn't. You have had the use of Microstudio for 17 months.

It is very clear that you received what you paid for, we delivered 17 months ago, and you have installed and used it on two computers. Because you did not follow our directions you now have lost the use of Microstudio or you need to pay the $15 to get the latest code. We have MANY customers who wrote a CDROM as we specifically instruct in our email who now can install it without any problems, and without wasting our time.

I have made it very clear, you didn't follow our instructions 17 months ago, which is your fault.

Either purchase the $15 upgrade, or do without Microstudio. It is your choice.

If you continue your demands on our time, which others with REAL PROBLEMS need also, I will block you from viewing or posting in these Forums. It is time to realize your loss is your fault. MTU has done nothing wrong, and as you stated above, IT IS THE PRINCIPLE of the matter.