reFX Nexus 4:5 - the ROMpler opens up

[jaunti]

Hey everyone, I'm the guy in the video. I still have access to my Nexus 3, only God knows how long that'll last. One of my subscribers told me I breached their terms of service by criticizing their business plans or, perhaps, it could be because I showed the transcripts of the conversation I had with their support team in one of my YouTube videos. Who knows?

[gaggle of hermits]

It is interesting due to latest Bitwig clash.
Bitwig changes one word in EULA - Crowd:"F**k Bitwig, i will never buy anything from them."
ReFx EULA says that they can rape/block every user when they want and how they want. - Crowd."Hmm, ok. I'll take it"

“paying extra for the expansions affects me” vs “that other guy got banned, a shame or maybe they did wrong - won’t happen to me”

[gaggle of hermits]

Hey everyone, I'm the guy in the video. I still have access to my Nexus 3, only God knows how long that'll last. One of my subscribers told me I breached their terms of service by criticizing their business plans or, perhaps, it could be because I showed the transcripts of the conversation I had with their support team in one of my YouTube videos. Who knows?

I had a look at the Eula and i reckon (not a lawyer but have dealt with contract issues before, and it’s a bit of an amateur contract) they’ve breached it in every single case they’ve banned someone from upgrading or from support. they can, according to the contract, terminate the agreement but that’s only for revealing account details - but that’s really only about copy protection not for revealing you have an account. and if they terminate the agreement then it’s supposed to mean you can’t use the software anymore at all, which is not what has happened in any of these cases.

they’re basically just trying it on in the expectation no-one has the money to challenge it with lawyers. I think even in the US they’d have trouble if someone with resources pushed it and in europe almost certainly. but the damages wouldn’t be high, so it’s not worth pursuing except for revenge.

the only thing that’s going to affect them is publicity. I’ve always given nexus a wide berth because it just looked like an operation for milking customers and the guy that runs it is basically an a-grade arsehole. so the publicity does have an effect and it’s all the boss’s fault.

[tony10000]

Hey everyone, I'm the guy in the video. I still have access to my Nexus 3, only God knows how long that'll last. One of my subscribers told me I breached their terms of service by criticizing their business plans or, perhaps, it could be because I showed the transcripts of the conversation I had with their support team in one of my YouTube videos. Who knows?

I had a look at the Eula and i reckon (not a lawyer but have dealt with contract issues before, and it’s a bit of an amateur contract) they’ve breached it in every single case they’ve banned someone from upgrading or from support. they can, according to the contract, terminate the agreement but that’s only for revealing account details - but that’s really only about copy protection not for revealing you have an account. and if they terminate the agreement then it’s supposed to mean you can’t use the software anymore at all, which is not what has happened in any of these cases.

Section 9 of the EULA:

"9. Refusal of Service

"The Company reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to the Site, to any person or entity, for any reason."

[MikeCallon]

Section 9 of the EULA:

"9. Refusal of Service

"The Company reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to the Site, to any person or entity, for any reason."

Wow - that's a 'catch all' statement if ever I saw one! I bet no-one (ever) has read that prior to buying their software (me included) - otherwise they would never sell anything at all

[zvenx]

They aren't the only one.
For instance:

Termination
1 This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.

From: https://www.vengeance-sound.com/terms.php


To be fair though I am not aware of Vengeance sound ever terminating someone's license, much less for criticizing them.
rsp

[tony10000]

They aren't the only one.
For instance:

Termination
1 This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.

From: https://www.vengeance-sound.com/terms.php


To be fair though I am not aware of Vengeance sound ever terminating someone's license, much less for criticizing them.
rsp

Manuel Schleis is the owner of Vengeance and the co-developer of Nexus (he does the sound design and the Vengeance logo appears on Nexus). I would LOVE to hear his thoughts on this subject.

[zvenx]

I know which is why the minute I found out a few years ago about Refx such clause I went to look at Vengeance's EULA and found this.

Companies that require repeated reconnection to their server after X time for continued use makes me suspicious (though I don't have that worry with Steinberg's new license model for whatever reason).
rsp

[gaggle of hermits]

Section 9 of the EULA:

"9. Refusal of Service

"The Company reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to the Site, to any person or entity, for any reason."

interesting, the one they publish online (or at least the one i found that's hosted on refx.com) doesn't get to that clause. so you'd have no way of knowing this clause exists without access to the product after purchase it seems.

Wow - that's a 'catch all' statement if ever I saw one! I bet no-one (ever) has read that prior to buying their software (me included) - otherwise they would never sell anything at all

it seems to me you can't read it before buying, unless someone has a link to an official, full-length version of the Eula that is on their site.

EDIT: this is the clause i found:

5. Termination
This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.

https://refx.com/eula/

[gaggle of hermits]

They aren't the only one.
For instance:

Termination
1 This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.

From: https://www.vengeance-sound.com/terms.php


To be fair though I am not aware of Vengeance sound ever terminating someone's license, much less for criticizing them.
rsp

in most european countries that contract clause would be open to an unfair-contract challenge and likely get struck down. my guess is manuel just copied it from refx and never got it checked or just decided to run with it in the expectation that it wouldn't get challenged.

[zvenx]

I logged off and went into private browsing mode and I see the same eula as I do when logged on.

Mine does look a little different than what tony quoted above.

5. Termination

This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.

https://refx.com/eula/

rsp

[gaggle of hermits]

yeah, that's what I saw at first and ninja-edited above just as you were posting.

[gaggle of hermits]

n/m - pressed edit, not reply

[VitaminD]

Hey everyone, I'm the guy in the video. I still have access to my Nexus 3, only God knows how long that'll last. One of my subscribers told me I breached their terms of service by criticizing their business plans or, perhaps, it could be because I showed the transcripts of the conversation I had with their support team in one of my YouTube videos. Who knows?

Did you get a refund for Nexus 4? While it doesn't surprise me that a company can terminate a license, I can't imagine any company can keep money for a product license they terminate.

[m-ac]

Hey everyone, I'm the guy in the video. I still have access to my Nexus 3, only God knows how long that'll last. One of my subscribers told me I breached their terms of service by criticizing their business plans or, perhaps, it could be because I showed the transcripts of the conversation I had with their support team in one of my YouTube videos. Who knows?

Can you sell your license on?