Can I get a refund on licensed software if it's buggy / broken?

[morganw]

Hi,

 

Apologies if this is the wrong place to post this but I couldn't see anywhere more appropriate. I'm in a difficult situation at the moment after having purchased a OS and application deployment system, which so far has left me unable to deploy anything.

 

I'm currently setting up a brand new system on a new domain which has to be ready before the summer so that we have time to transition data and services and rebuild the workstations into a new structure. I've not done this before and so I purchased licenses for a software deployment system thinking that I will have a comprehensive and supported product which will make the site rebuild a lot more manageable.

 

The problem is that the OS deployment part was buggy when I tested it on Hyper-V, but did operate, some options didn't work correctly, one type of motherboard refused to work with it, but overall it can be said that it worked. Now I've got the new production system in place I'm now running on Citrix Xenserver. The deployment system now doesn't install correctly and I can't deploy anything.

 

I'm at the point where I've seen enough hardware and software issues that i'd like to get the money back and either buy something else, or use FOG instead as I feel comfortable using it. My main concern is time, I can't wait weeks for this to be fixed, tested and released, I need a product that works right now so I can stay on schedule for setup and testing across a large amount of software and hardware.

 

Am I entitled to phone up the supplier and say, "I'm currently unable to deploy anything with this system, I would like a refund please"?

 

Advice appreciated.

[srochford]

Without reading the license agreement I don't know but I suspect you've got no chance. Most software has a license agreement which pretty much says "this might do what you want, it might not. Is that OK?" and once you accept the agreement you're stuck with it.

 

You can certainly try asking the supplier - if this is something that they're aware of (eg this is a newly released system and others have brought up problems) then they might be sympathetic but your description sounds more like it sort of works but isn't ideal for your situation - that means you may not get anywhere.

 

Too late now, but in future, always try an eval version of software; if you can't get it to work then don't buy (and if the company won't give you an eval then just run away!)

[Ric_]

You may also fair better in getting a refund if the software was supplied to you as a recommendation... i.e. you asked your supplier for a piece of software that does X, Y and Z rather than asking for a particular product. Under these circumstances, your argument would be that the software supplied does not meet your specifications and is not fir for purpose.

[morganw]

Thanks. I did spent a long time testing it on a test network but I had to use Hyper-V as I didn't have the XenServer system at the time. The niggles I can live with at the moment as they aren't critical, the entire program not installing or working correctly just because I've changed to another hypervisor is unexpected and makes the entire thing useless in it's current state.

[morganw]

You may also fair better in getting a refund if the software was supplied to you as a recommendation... i.e. you asked your supplier for a piece of software that does X, Y and Z rather than asking for a particular product. Under these circumstances, your argument would be that the software supplied does not meet your specifications and is not fir for purpose.

 

I also spent a long time talking to their sales people and had a remote demo. I told them what I was doing (rebuilding an entire site - I need something that works to make that easier). At the moment I can't deploy anything with it so I would say it isn't fit for purpose.

[Ric_]

@morganw: You will probably be sent around the houses being told that you are running an unsupported setup too. If you find an old desktop and install Server and your deployment suite on there, you can rule out any problems with XenServer and show that the software is just plain rubbish.

[morganw]

Thanks, i'll do that today, test on a physical server attached to the new domain.

[morganw]

Right, just done this, it goes wrong at exactly the same point on a physical server as it does on a virtual server. All the rest of the server infrastructure is still on XenServer though.

 

I've just read the EULA and I have a 90 day period where I can request a refund, but this will only be honoured if they cannot fix any issues within 'reasonable time'.

[featured_spectre]

reasonable time for most companies is 60 days (42 working days), so provided you haven't had the software for 30 days or more, you should be good!

[ICT_GUY]

Software is covered by the consumer protection laws. It must be fit for purpose. You are entitled for it to be fixed or refunded.

[Elison]

I used to think that if you buy software and find some bags, errors or even worse teh software doesnt work, developer or supplier (person, shop where you've bought it ) have to give your money back. Of course they have to provide a good support and try to help you with solving your problems (say what to do, coz perhaps you are doing somethign wrong, or repair the bag). If the problem isnt repaired they have to give your money back I suppose

Our problem is we never read licence agreement. But it is necessary if you buy software, ecpessialy if its rather expensive. To be in teh know what to do.