On 20 Dec 2010, at 19:49, Bob Binder @ X-Rite wrote:
> We received the following message from you.
> I am sure that our intention is not to create any havoc for our customers. Can you provide me the details of your situation so that I can have it addressed. i.e. what was the bundle that you purchased,
> and any other pertinent details affecting the situation that you are in. If there is something that we have overlooked, we need to address it.
> Thank you,
> Bob Binder (Worldwide Support Program Manager, X-Rite)
Bob,
What I was referring to was the unscrupulous way that X-Rite had orphaned their paying customers, i.e. those who purchased Profile Maker Pro 5 bundles only to have their products discontinued and replaced with the same software but with a different name, i.e. Profile Maker Platinum, further then that X-Rite would not permit those customers to upgrade to the new product without having paid a large sum to "rename" their purchases.
I am aware that X-Rite has finally rescinded this unconscionable policy and made all version of PM5 eligible, but only due to public pressure.
Regrettably it seems there is no low to which X-Rite will not stoop, and you have instead replaced that unprincipled tactic with one even more sinister, namely the i1Profiler EULA.
This oppressive legal document renders your new flagship product completely unusable ( and early reports suggest it's not of release quality anyway ).
The End User License Agreement prevents the use of i1Profiler for providing a profiling service, precisely what the most of the demographic for this manner of tool would need it for, much like selling a hammer but precluding it's use for banging in nails.
i1Profiler is (meant to be) a professional tool not an end user one, and professionals have businesses which provide profiling services, the fundamental mainstay of their business. Furthermore, your license agreement places a limit on the number of customers a professional may have during a year (50 customers assuming they only required one profile each). Worse still, the license states you cannot conduct your business, or even contact your customers via Email, and I quote :
"(ii) Your profiling services are conducted on-site for the third party (i.e., physically at the third party’s facility) and not using any other method or communication technique, including but not limited to, Internet-based communications and/or services"
A EULA which prevents you from using the internet in the running of your business? Seriously? Should I look forward to the imminent release of a coal-fired steam powered spectrophotometer? Should I begin training a brace of carrier pigeons to facilitate speedy communications with my customers?
If this wasn't exploitative enough, the license further goes on to supersede the license agreements for your previous products, thus removing the tools upon which those professionals already built their business and customer base. We must hope this doesn't set a precedent, or I might reasonably expect a communique from DeWalt informing me I've already drilled enough holes this year with the drill I bought 6 years ago and I must stop using it.
By allowing your lawyers to run riot with the EULA you have made your product completely untenable, by buying your product anyone running a profiling business would be required to cease trading.
Responses such as "it doesn't really mean that" are no help here, this is a legal agreement, it means precisely what it says, if you mean something different, change the document.
As it stands, you've released a product with such officious restrictions that it's nonviable to purchase, I implore you (X-Rite) to come to your senses and sort out this mess, I would like to purchase and use this software but cannot under these circumstances, I am not alone. I would imagine there's a not unreasonable chance such an oppressive EULA would get thrown out of court anyway, this needs fixing. When you alienate your customers in this way they look for alternatives, and whilst you may currently enjoy a monopoly, a market consisting of unhappy customers is a ripe opportunity to others.
Yours sincerely,
Darren Joy
