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Subject Author Date
Quicken 2006 downloading going away Nathan Gutman 02-26-2009
Posted by XS11E on February 26, 2009, 9:21 pm
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> I respectfully disagree, buying a software product is not a
> subscription to a magazine.

That would be correct if you had purchased Quicken but you did not, you
only purchased a license to use it and that's a VERY different thing.

--
XS11E, Killing all posts from Google Groups
The Usenet Improvement Project:
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Posted by scott s. on February 27, 2009, 2:28 pm
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>
>> I respectfully disagree, buying a software product is not a
>> subscription to a magazine.
>
> That would be correct if you had purchased Quicken but you did not,
> you only purchased a license to use it and that's a VERY different
> thing.
>

I don't believe that is really true. In the US, these sorts of
transactions are covered under state law. The states have for the
most part adopted a set of laws known as the Uniform Commercial
Code (UCC). The UCC doesn't really provide for the kind of thing
that the typical software license specifies, so state courts have
taken various positions as to the status of these "licenses". I
think in general they consider them as "goods".

The software publishers didn't like this situation, so in th 1990s
they got the authors of the UCC to create new provisions for software
licenses that were placed in a so-called Article 2A. A couple states
adopted Art 2A, but it caused an uproar among consumer groups and
the move to get it accepted in all the states has stalled AFAIK. I
think the software publishers are using the courts to try to accept
their interpretation of software licenses, rather than trying to
change the law via legislation at this point.

scott s.
.

Posted by XS11E on February 27, 2009, 3:24 pm
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>
>>
>>> I respectfully disagree, buying a software product is not a
>>> subscription to a magazine.
>>
>> That would be correct if you had purchased Quicken but you did not,
>> you only purchased a license to use it and that's a VERY different
>> thing.
>
> I don't believe that is really true.

Yes, it really is.

> In the US, these sorts of transactions are covered under state law.

Correct.

> The states have for the most part adopted a set of laws known as the
> Uniform Commercial Code (UCC).

Correct but not always relevant, some info here:

http://en.wikipedia.org/wiki/EULA

Scroll down go see the section on enforceability.
"No Court has ruled on the validity of EULAs generally; decisions are
limited to particular provisions and terms."

More: http://www.pcpitstop.com/spycheck/eula.asp
"You may wonder whether these licenses are legal. Most of them do hold
up in court as long as they are reasonably clear, according to Parry
Aftab, an attorney specializing in Internet privacy and security law
(www.aftab.com). "The courts have said that if you click on something
saying 'I agree' then it's legal consent.""

Moral, the EULA is a legal, binding contract unless/until a court rules
otherwise on the *specific* EULA in your software. If you disagree be
aware it could cost you more than $20,000 (if you live in one of the
cheaper states!) out of your pocket to get the case into Superior
Court.


--
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Posted by Oilcan on February 26, 2009, 10:03 pm
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I got this from Quicken Help (Q2009D)

Per 2009 Software License Agreement - some key points:

RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed not sold,
and Intuit reserves all rights not expressly granted to you in this
Agreement. The Software is protected by copyright, trade secret and
other intellectual property laws. Intuit and its licensors own the
title, copyright, and other worldwide intellectual property rights in
the Software and all copies of the Software. This Agreement does not
grant you any rights to trademarks or service marks of Intuit.

FINANCIAL INSTITUTION SERVICES.
3.1 General. In connection with Licensee's use of the Software and as
part of the functionality of the Software, Licensee may have access to
certain online services that may be made available by Licensee's
financial institutions ("FI Services"), including online banking, online
payment, online investment account download, online bill pay, and online
trading. The Software is designed to allow Licensee to access FI
Services (if and to the extent provided by Licensee's financial
institutions) to set up banking information, schedule the Software to
access Licensee's account(s), download transactions into the Software
and otherwise aggregate information from Licensee's account(s) with
Licensee's financial institutions. Licensee acknowledges and agrees that
Intuit has no control over the provision of FI Services or provision of
access to the FI Services by Licensee's financial institutions, does not
guarantee that Licensee will be able to use the Software with the FI
Services, and will have no liability whatsoever for any actions or
inactions on the part of the financial institutions resulting in
Licensee's inability to use the Software to access Licensee's accounts,
obtain data, download transactions, or otherwise use or access the FI
Services.

From Help in General regarding the sunset policy:

In an ongoing effort to provide reliable high-quality products and
services, Intuit periodically retires (also known as "sunsets") older
versions of Quicken, thereby discontinuing online services and live
technical support for these versions. For more information, visit our
Web site.

Oilcan

-----Original Message-----
From: Nathan Gutman [mailto:nzgutman@sbcglobal.net]
Posted At: Thursday, February 26, 2009 5:36 PM
Posted To: alt.comp.software.financial.quicken
Conversation: Quicken 2006 downloading going away
Subject: Re: Quicken 2006 downloading going away

R. C. White wrote:
> Hi, Nathan.
>
> When your 3-year subscription to a magazine expires, do you accuse the

> publisher of forcing you to re-subscribe? Or do you recognize that
you
> got what you paid for and, if you want to keep getting the magazine,
> you'll need to pay to renew your subscription?
>
> I'm using Quicken Deluxe 2009, but I still have the packaging for my
> copy of Quicken Basic 2006. Nowhere on the package do I see any claim

> that it will download stock quotes, even for one day. There is a
> promise to "Download bank and credit card information", but that has a

> footnote in very tiny print that says, "Online features require
Internet
> access and are subject to change."
>
> The 3-year "sunset" policy for Quicken quotes has been well-known for
> several years and has been discussed here many times. It SHOULD be
> disclosed on the Quicken package, but I don't see it.
>
> If I choose not to buy another Quicken package before the Spring of
> 2012, I will not be surprised - or feel cheated - if it stops
> downloading quotes at that time. I won't be "forced" to do anything.
I
> will be able to continue using Q2009 for the rest of my life, but
> without the convenience of downloading quotes. I will have received
> what Intuit had promised me (even if it was less than I had hoped
for).
>
> Having said all that, I agree that it would be nice to have available
a
> source to continue downloading quotes into Quicken. And free would be

> nice. ;<}
>
> RC
I respectfully disagree, buying a software product is not a subscription

to a magazine. It should continue to work as it worked the day that I
bought it. How would you buy a toaster that would stop working after
three years with a stipulation to buy another "improved" version. the
only reason Intuit is doing it is to squeeze out a few more dollars from

you.

--
Nathan Gutman


Posted by Han on February 26, 2009, 10:04 pm
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> R. C. White wrote:
>> Hi, Nathan.
>>
>> When your 3-year subscription to a magazine expires, do you accuse
>> the publisher of forcing you to re-subscribe? Or do you recognize
>> that you got what you paid for and, if you want to keep getting the
>> magazine, you'll need to pay to renew your subscription?
>>
>> I'm using Quicken Deluxe 2009, but I still have the packaging for my
>> copy of Quicken Basic 2006. Nowhere on the package do I see any
>> claim that it will download stock quotes, even for one day. There is
>> a promise to "Download bank and credit card information", but that
>> has a footnote in very tiny print that says, "Online features require
>> Internet access and are subject to change."
>>
>> The 3-year "sunset" policy for Quicken quotes has been well-known for
>> several years and has been discussed here many times. It SHOULD be
>> disclosed on the Quicken package, but I don't see it.
>>
>> If I choose not to buy another Quicken package before the Spring of
>> 2012, I will not be surprised - or feel cheated - if it stops
>> downloading quotes at that time. I won't be "forced" to do anything.
>> I will be able to continue using Q2009 for the rest of my life, but
>> without the convenience of downloading quotes. I will have received
>> what Intuit had promised me (even if it was less than I had hoped
>> for).
>>
>> Having said all that, I agree that it would be nice to have available
>> a source to continue downloading quotes into Quicken. And free would
>> be nice. ;<}
>>
>> RC
> I respectfully disagree, buying a software product is not a
> subscription to a magazine. It should continue to work as it worked
> the day that I bought it. How would you buy a toaster that would stop
> working after three years with a stipulation to buy another "improved"
> version. the only reason Intuit is doing it is to squeeze out a few
> more dollars from you.
>
It does continue to work as advertised, including the end of your
subscription to the downloading.


--
Best regards
Han
email address is invalid

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