Shotput...A cautionary tale

Al MacLeod

Al MacLeod

Well-known member
This is a tale of "Caveat Emptor".

I just got off the phone with Dan Montgomery of Imagine Products, the maker of Shotput, a P2 card offloader.

We discussed the email he sent out today. Perhaps you got it as well. It read IMPORTANT! Update your software to be compatible with our new servers!

The email went on to explain that customers who had purchased Shotput were going to lose the ability to transfer the product from one computer to another.

The only way to retain the ability to transfer the licence he said was to buy a new version of Shotput, namely Shotput Pro.

Dan went on to say on the phone that other software mfgs. follow this same
business model...such as Adobe.

Imagine you bought a new i7 based machine to replace an old pc only to find out Adobe had removed your ability to transfer your CS3 apps because CS4 had been released! New machine? Buy all new software? I guess we are Lucky Dan isn't working for Adobe!

Now this may seem to be a garden variety flame (well, maybe it is) but is this
deletion of functionality after purchase fair?

Do you want other software makers to follow Imagine Products lead and change the terms of use after you pay just to force you to buy the same software all over again ?

Does anybody support this kind of tactic??


PS...I told Dan I was going to post this. He said "go ahead".
 
It might depend upon the language of the purchase agreement back when you acquired your copy of Shotput. If they wrote it in such a way as to entitle themselves to alter the terms of service and licensing at their discretion - which they probably did - then you agreed to those altered terms, whatever they may one day be, when you made the purchase.

Sucks, doesn't it?
 
Sad Max said:
It might depend upon the language of the purchase agreement back when you acquired your copy of Shotput. If they wrote it in such a way as to entitle themselves to alter the terms of service and licensing at their discretion - which they probably did - then you agreed to those altered terms, whatever they may one day be, when you made the purchase.

Sucks, doesn't it?
Click to expand...


As long as you comply with the terms of this agreement, Imagine Products, Inc. grants you the non-exclusive right to use the software and its documentation. You may not distribute copies of the program or documentation to others. You may not modify or translate the program or related documentation in any way or manner.



You may install and use one copy of the software on a single computer. You may transfer the software to a different computer by deactivating and uninstalling on the first computer. If two different people use the software at the same time, without purchasing a separate license, this Agreement has been violated.



BACKUP AND TRANSFER: You may make an archival copy of the software for the sole purpose of backing up the software, so long as you reproduce and include the copyright notices on the backup copy. You cannot sell your license rights in the software to another party unless that party also agrees to the terms and conditions of this Agreement.



UPGRADES: If the software is provided as an upgrade to a previous version or product, you agree that by using this version of the software you voluntarily terminate your right to use the previous version or product. Upgrades and updates are provided solely on a license exchange basis.


TERMINATION OF LICENSE: You may terminate this license by destroying the program together with any copies. This license will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program together with any copies.



GOVERNING LAW, JURISDICTION and VENUE: This Agreement shall be construed, interpreted and governed by the laws of the State of Indiana. All claims, actions, suits and proceedings between or among the parties relating to this Agreement shall be filed, tried and litigated only in the Circuit or Superior Courts of Hamilton County, Indiana or the United States District Court for the Southern District of Indiana, Indianapolis Division. In connection with the foregoing, the parties hereto consent to the jurisdiction and venue of such courts and expressly waive any claims or defenses of lack of jurisdiction of or proper venue by such courts. THIS AGREEMENT CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT EXECUTED BY YOU AND AN AUTHORIZED OFFICER OF IMAGINE PRODUCTS, INC.
 
Dan emailed and asked that I pass this along as well...

"BTW, while you're flaming us Alec, be sure to include that we've also dropped support for PPC's with our new website and applications on it."

I suppose the folks with PPC's will be happy to hear this too.
 
I don't understand. How does it work from a technical point of view? How exactly do you "lose" the ability to transfer? What happens? The computer freezes? Doesn't work? Explanation, please.
 
Yeah, Id like to understand this. I use Shotput Pro (included with TEP - Bronze), its running on a new laptop. So if my machine dies what I have to pay again to get MY SOFTWARE? BFS, I hope this isnt true. Ive been pro shotput for a few months now, sincerely hope I havent led anyone else into a possible quagmire.
 
Let me ask this question based on the license quote you provided. Have you upgraded? If not, from what I can see, they are in violation of their own license, which in turn releases you from it. It will be null and void, seeing as how you have complied with the terms, and they have changed it, without your consent as written into the agreement. It would be Ex Post Facto. But hey, I am not a lawyer, just have had to read too many contracts and agreements.

Find a new uploader. They obviously don't want return business, and will probably be sucking air in a year or so with that business model. Typical fly by night company with an eye towards greed, IMO.

Noel, this applies to those who have an older version, not the "Pro" app.
 
If "Shotput" is that crucial to your workflow, you have three options:

1. Bite the bullet and upgrade to "Pro"
2. Get a grassroots action going (which it looks like you are doing)
3. Get enough people and start a class-action lawsuit.

But, then again the company may already be folding, and this is a last ditch effort to raise that last bit of money to pay off vendors/creditors before shutting the doors. It's obvious the person you spoke with does not care what the end-user thinks or cares. Which makes me think the previous explanation is the case.

In that case for the best solution, go to 4. Get another offloader.
 
OldCorpse said:
I don't understand. How does it work from a technical point of view? How exactly do you "lose" the ability to transfer? What happens? The computer freezes? Doesn't work? Explanation, please.
Click to expand...

If you look at the portion of the software agreement:

"You may install and use one copy of the software on a single computer. You may transfer the software to a different computer by deactivating and uninstalling on the first computer."

This is what Imagine Product's Dan Montgomery is pulling back from...he is ending the deactivation process that Imagine Products participated in to allow the reinstallation on another computer. If you upgrade your pc, Shotput will not transfer.
 
Well, if he's comparing it to Adobe products, then he should have a way of deactivating it so you can reactivate it on another install, like all current Adobe products have. They allow two concurrent activations of their products, but they do make it really easy for you to 'refund' either of those two activations at any time and use that activation on another computer. You can have Production Suite CS4 installed on 16 computers if you wanted and just deactivate it when you're done on one and reactivate it on whatever one you wanted to use next (if you really wanted to), it'll even save all the information when you deactivate it so that it'll only take you two clicks and no data entry to reactivate it on the computer.
 
Douglas Thigpen said:
Well, if he's comparing it to Adobe products, then he should have a way of deactivating it so you can reactivate it on another install, like all current Adobe products have. They allow two concurrent activations of their products, but they do make it really easy for you to 'refund' either of those two activations at any time and use that activation on another computer. You can have Production Suite CS4 installed on 16 computers if you wanted and just deactivate it when you're done on one and reactivate it on whatever one you wanted to use next (if you really wanted to), it'll even save all the information when you deactivate it so that it'll only take you two clicks and no data entry to reactivate it on the computer.
Click to expand...

That's what the model was when I bought the program 10 months ago.

Now Dan Montgomery and his Imagine Products are going to walk away from Shotput and leave his customers in the lurch.
 
Noel Evans said:
Yeah, Id like to understand this. I use Shotput Pro (included with TEP - Bronze), its running on a new laptop. So if my machine dies what I have to pay again to get MY SOFTWARE? BFS, I hope this isnt true. Ive been pro shotput for a few months now, sincerely hope I havent led anyone else into a possible quagmire.
Click to expand...

I would think it likely that Shotput Pro users will suffer the same fate if Imagine Products is successful in violating their own software agreement at this time.
 
Well, is there any interest in acting as a group to legally persuade Imagine Products to honor the EULA they crafted for Shotput?

Or am I the only one here holding their sabotaged program?


You can pm me if you would rather stay out of the light.
 
You must log in or register to reply here.
Back
Top