You really need to read the your mauual, like I'm looking at right now. McAfee Perpetual End User License Agreement - United States of America under Updates. It states word for word ... After the specified time period, you have no further rights to receive any revisions or upgrades without purchase of a new licenseto the Software.
And if you read a little further you will be educated in the Ownership Rights, Restrictions and so on.
We consumers continually suffer from such enterprising ********. The quote you provided, "After the specified time period, you have no further rights to receive any revisions or upgrades without purchase of a new licenseto the Software.", in and of itself is legally binding. You won't find in that SAME agreement any language explaining that this software will no longer FUNCTION! That it will be disabled.
They have no right to disable your existing software and the current DAT file that is working. At the minimum, they should give a warning that it will be done with future tries at updating.
It's a pathetic policy. McAfee is going to lose a lot of business with this policy. TurboTax lost tons of customers in 2002 with their policies (which weren't mentioned on the outside or inside of the box, and weren't found out until the program was running.)
And you need to get it right they don't want updates or upgrades they just want to be able to use the software they paid for even if it's not up-to-date
Why would you want to use anti-virus softwae that is not up to date? Are you willing to bet that the virus you get is an old one and not a new one that is not covered by your definitions? I believe that if you value the data on your computer, the cost of anti-virus protection is good insurance.
I agree with you about the cost of antivirus software being good insurance. Antivirus programs are similiar to insurance polices;you pay to be insured for a period of time. When that time is up, you pay for another coverage time.For example: with car insurance, you pay each month. I use McAfee Antivirus and I have less problems than I did with Norton Antivirus, Avant Antivirus, and AVG Antivirus. My opinion is different computers, different software means different needs. All computer users are better off trying multiple Antivirus programs. One program might give you problems, but another is more suitable for you. In fact Norton used to freeze my computer often or it would slow my computer down.
Some just quietly row the boat while others beat the drum.
But it doesn't say they have the right to turn off your software, does it? My Windows 2000 software runs just fine. It just doesn't have all the bells and whistles, (uh oh, better keep this quiet before Microsoft hears about it!)
As you said, justfedup, you are reading the agreement under the "Updates" section. The software, the actual program, is purchased. That means one owns the software. Included in the original purchase is a "subscription" for updates for a period of one year, at which time the subcription ends, much like a magazine subscription. After the one year period, in order to receive further updates, much like in order to continue to receive future issues of a magazine, you must resubscribe to the updates. However, if you do not renew the subscription for updates, then you cannot get them, just liek a magazine will stop coming in the mail. The software should still be in useable condition. You can still look at the magazines you have already received, you just cannot get new ones. The same principle applies to software. You can still use the software, you just cannot get any updates.
All right, to get it off my chest, I don't like McAfee either, never have.
However, I don't think suing the company does anyone much good - instead do exactly what's going on here - complain about it in forums where other people will listen and investigate for themselves. Suggest alternatives. People will get the message and start switching to other companies - which does a lot more damage to McAfee in the long run than a small claims suit or even (probably) a class action suit.
There seems to be a culture of arrogance among some of the older software companies that makes them think they're invincible and don't have to take care of their messes or honor their promeises. When MS announced that it would no longer offer upgrades for any of their buggy products except Windows XP, I started working on my boss to switch to Macs or at least to Linux OS's. And I notice that with MS's Internet Explorer suffering from so many viruses their market share is starting to drop.
So keep on spreading the word, eventually computer users will wake up and switch vendors.
It is agreed that the customers expectation is that they have bought the software with the right to use until they decide that they do not want to use it any longer. In reality, the way McAfee and others do it is to get you to purchase the product with a use license and if you do not renew it then it is shut down and can not be used. I have used McAfee before and did not have that problem. The scan worked but I just could not get any of the updates to stop the new viruses.
I have used Norton Anti-Virus and they do not shut it down and you can get the new virus definition files. The only thing that you can not get is the new Virus Scan Engine. The issue here is that if the latest virus definition file requires the new scan engine then you need to upgrade.
I have learned the hard way I pay the fees needed to make sure that I do not have viruses on my PCs. It takes more time than it cost to purchase a good Anti-Virus program and make sure that you are protected.
You need to decide what is more important the principle of what you feel is your right or the protection of your PC.
My son may have the right idea. He has moved to MAC since they do not have as many problems with virus and popup as Windows. He went to college and he had to rebuild his PC 3 times in the first week since he was attacked by a virus the moment he attached to the college network. He had Norton but I do not think he was updating the Virus Definition File regularly. They put the latest Norton on and he had a lot less virus problem but he had popups like crazy. The people having problems were those with Windows and the people that had MACs di not. He has had his MAC for about 2 weeks and he has not called with a problem since.
I liked him using the Windows PC, that meant he called more often.
I don't have any advice regarding the legalities. However, as a practical matter, this may a blessing in disguise. Some years ago, I tried to upgrade my McAfee antvirus. It told me to uninstall the old version, which I found impossible. There were untold files embedded in the registry and other areas. After much difficulty getting hold of a live techie without paying a fee, it took two hours on the phone to walk me through every conceivable file to look for and eliminate the many files under different names. Mcafee is a virus unto itself. Get Norton. The software will give you plenty of notice as to when it will expire, and I believe renmewing the license is reasonable. Instead,I keep watching the Sunday flyers for new version upgrades which are free after rebates. It works!!
I believe this case presents a valid breach of contract and/or false advertising and/or unfair trade practice ((ie, does not require "actual damages")) that would win if correctly pursued but my interest is why anyone would care to have an antivirus program that could not be updated? Sure the program is good for a week or maybe two until the next virus is launched===so other than the valid ire against McAfee's self injurious and stupid marketing decision, why should anyone else care? Seriously - technically -of what value is an old virus program?
I too value this post: avoid McAfee and all other corporate pigs and those who support and protect them, check out Avast, and realize MAC and Linux have other tangible benefits.
Mr. Chan had the best suggestion for you. Buy Symantec anti-virus. I have been using Symantec for years and their product works flawlessly and they are a reputable company with which to do business. I hope by this time you have calmed down and come to realize that there are many better things to do in life than spend your time and energy (and a very substantial amount of money) taking McAfee to court over a single-use license purchase. What could you possible gain beyond the originial price of purchase, and I doubt you would prevail even in that effort. The most important thing is not that you put on your armor and pick up your lance to go out and right the wrongs done against you, but that you have good, updated, effective anti-virus protection. If a virus or worm gets to your computer, then you will really have cause to go into a rage! Prioritize your causes ... virus protection first, windmills second.
I sympathize with this issue. I fought tooth and nail for over a year with a well-known company over a printer that would not work, including the replacements they sent me. I realized, when I found an old tee-shirt that read "Eat Right, Stay Fit, Croak Anyway" that I had to bite the bullet and quit losing sleep...I bought another printer. I also had McAfee, could not upgrade or reactivate. Had to get Norton because a computer shop found 18 viruses, including the Sasser on my computer!!!!!Norton is constantly upgrading anti-virus protection any time I'm on the Net. I feel spoiled!! We all know the feeling of "being ripped off". The larger the corporation the smaller the consumers'concerns are. Too many people between us and "them". That's why you see the logo "S--- Happens" everywhere. You haven't been anywhere until your identity has been stolen, after 4 years it isn't over yet. I'm glad I wake up every morning because it gives me another day to get my own "act" right and fight the big guys.
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