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?

Can you sell your license on?

I still have my license and I can still use my Nexus 3. So far, so good!

[dionenoid]

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.

The right to refuse service is a constitutional right, so it doesn't matter if it's in an EULA or not.

[SLiC]

You can't take someone money to provide a service and then just not provide that service, that's just theft!
Sure, refuse service, but if you have taken money for that service you have to give the money back!

[zvenx]

It is? In the Netherlands or where?
Surely you know at least in the US, there have been cases about refusing service based on race or sexuality etc.

But I digress.
rsp

[dionenoid]

You can't take someone money to provide a service and then just not provide that service, that's just theft!
Sure, refuse service, but if you have taken money for that service you have to give the money back!

They didn't take his money, they just refused to sell him an update. His Nexus 3 is still working if i read it right.

[revvy]

It is? In the Netherlands or where?
Surely you know at least in the US, there have been cases about refusing service based on race or sexuality etc.

But I digress.
rsp

We’ve had Stan on here making a bad taste post when the fact of the matter was, apparently, ReFX locked him out cos of where he was based. No conspiracy. Not sure if he got a refund, could still use the SW etc etc. (I’m not justifying what they did, that’s not my point).

zvenx, did they rescind your license, refund you, can you still use Nexus? (If you don’t mind my asking)

[gaggle of hermits]

The right to refuse service is a constitutional right, so it doesn't matter if it's in an EULA or not.

the eula is a contract: service has already been obtained. it's up to the supplier to honour that contract or use a legal contractual clause to terminate it, which seems not have to happened here - though there is some doubt as to which contract refx is providing to customers. i expect even dutch courts would have something to say about that last point.

[zvenx]

I don't mind you asking..
I had nexus 2 for years... probably spent close to $1,000 US ( I have two licenses and a few expansions (I run mac and pc)).. updated to nexus 3 when it came out.

Some time later ...that was rescinded. My upgrade fee from nexus 2 to 3 was refunded, so I can still use Nexus 2.. but I don't.. Don't want to use a product that one day may stop working due to my OS, or problems with me elicencer dongle etc..

I was of course hoping, once they took the decision to rescind my nexus 3 license they would do the same for my nexus 2 and just refund me everything I have every spent with them (I honestly had only used it in one project over the years if I am remembering correctly).
They then told me I had a nerve...lol (my words not theirs)...

rsp

[revvy]

Thanks!

Yeah full refund of everything would’ve been nice. At least they didn’t rob it from you.

[zvenx]

Indeed.
But yes they did refund me for the license was revoked.
rsp

[dionenoid]

The right to refuse service is a constitutional right, so it doesn't matter if it's in an EULA or not.

the eula is a contract: service has already been obtained. it's up to the supplier to honour that contract or use a legal contractual clause to terminate it, which seems not have to happened here - though there is some doubt as to which contract refx is providing to customers. i expect even dutch courts would have something to say about that last point.

Please don't make this bigger than it is. They didn't revoke a license, they only denied the guy his update to Nexus 4.

[gaggle of hermits]

The right to refuse service is a constitutional right, so it doesn't matter if it's in an EULA or not.

the eula is a contract: service has already been obtained. it's up to the supplier to honour that contract or use a legal contractual clause to terminate it, which seems not have to happened here - though there is some doubt as to which contract refx is providing to customers. i expect even dutch courts would have something to say about that last point.

Please don't make this bigger than it is. They didn't revoke a license, they only denied the guy his update to Nexus 4.

eh? you’re the one arguing they should be able to deny service altogether, which presumably includes c/r authorisation.

[LoveEnigma18]

I wonder if we can expect any sale on Expansions in the coming days.

[noiseboyuk]

I wonder if we can expect any sale on Expansions in the coming days.

Highly unlikely just yet, but the usual sale should be with us end of November.

[revvy]

ReFX selleth, ReFX taketh away