Software licence issue - US based company

[Smasher]

Hi all, been a while, hope y'all well

Not sure if or what I can do about this. I bought a page builder plugin for wordpress, I just have a handful of websites that I built for friends & family.
As with most plugins, they update it and introduce critical updates when wordpress itself updates, so there is a subscription service if you want to keep it up to date.

Since I only have a handful of sites to run, I decided not to keep up the subscription and only update when wordpress eventually release a version that will require the latest version of this plugin in order for it to work. I bought it on the premise that the licence will allow me to just continue with the version I have as set out on their terms & conditions, which states:


I guess I should have made a note of my licence key, but I honestly didn't think I'd need to, since they put a link to your "My account" page right next to the box where you need to paste it after installing. I didn't imagine they would hide it from me after a year. Surely this contradicts the above terms, but I'm guessing my issue is specifically the licence key, do they have any obligation to provide a copy if I didn't make a note of it?

[R0b]

Hi Smasher,

The link you supplied is actually their FAQs not their terms and conditions. There is nothing I could see that their T&Cs incorporates the FAQs and are legally binding. In fact their T&Cs are actually rather sparse and don't explain what law governs the contract as well as where you can issue a claim. In the absence of that you could argue that you can issue a claim against them in the UK and also English law applies. However, even if you could argue that, there may be difficult in terms of time and cost to enforce it against a US company.

Can you download and install the latest version you've got without the licence key? As I read their response, it says that the licence key is to update the version, and not prevent you from installing the latest one you purchased.

Could you not pay for one months' subscription, nab the licence key and then make a note of it?

[Smasher]

Hi Rob, thanks for having a look

It's yearly subscription only, $199.

They did actually email me a copy of the plugin "just to help me out on this occasion", because my access to download it from their site is blocked now. I can uploadand install it, but it won't work without the licence key.

I don't think it's really worth making a claim over, I guess I'd like to know where I stand, just so that I could try at least to persuade them to play fair.

They say you can use and install it as much as you want, with or without a subscription. There's no mention that they'll make it impossible, once the 12 months is up.. :/

[R0b]

Well I think their terms and conditions are silent on what happens following expiry of the subscription so it's arguable that you could say you are entitled to continue using the latest version prior to the expiry of your subscription - the FAQ you highlighted also points towards this fact but if you can't use the plugin without a licence key, then their position is flawed and the FAQ is wrong, something you can argue to say you relied upon (might be best saving the relevant pages of the website to the internet archive wayback machine for reference in case they amend it and then deny.

Ultimately, without taking any action, you would be pleading to their good nature but if they refuse to assist, not much you can do I'm afraid.

[Smasher]

Thanks again Rob.

Well, it seems to be working now, bizzarely. Not sure how or why, but I'm just happy that it does!

I don't really wanna take it any further to be honest, because apart from this issue, it's bloody fantastic and I want to carry on with it, so I will renew at some point when I have to.
Thanks again