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Version 1.51 EULA Question


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While reading the EULA for the latest version of Malwarebytes Pro, I saw a provision that will allow Malwarebytes.org to start charging an annual subscription fee without prior warning to, or approval by the user.

I ask because I purchased a copy of Webroot Window Washer about a year ago. I installed it, and subsequently updated it to the latest version. After the update, Window Washer started tossing messages saying that I had to start paying an annual software subscription fee by a certain date, otherwise the software would stop working! Needless to say, having the previous version installation disk, I immediately uninstalled the update, and reverted the software to the previous version. If I did not have the previous version's installation files on a CD ROM, I would have been stuck with either having to start paying the annual fee, or uninstall and stop using the product that I had previously purchased!

Malwarebytes has always maintained that once a user purchases a copy of their software, they then own it, and would not be required to pay any additional fees. However, I now find that if I update my copy of Malwarebytes Ver. 1.5 to 1.51, I open myself up to possibly becoming locked into an annual subscription payment plan at some future point in time. This contradicts the notion that if I purchase a copy of the software, I then own it. I checked the info and news portions of the fora, and did not see any mention of this change to the EULA.

Now, is this provision in the EULA new with this version, or has it always existed? If it was in the EULA of previous versions, then I guess maybe I just didn't see it. However, whether or not it is a new provision, why would it even exist in the EULA in the first place? If this provision existed beforehand, then why would Malwarebytes assert that once we purchase a copy, that would be the last time we would have to pay any money to use it?

Am I missing something, here?

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Hi Mayidunk -

Once you have purchased your version under certain conditions , these conditions will apply to the version that you purchased (by law)

The Only service that you may wish to pay extra for is the Specialty Malware Cleaner and trouble shooter service -

All other services at this time are still the same -

This includes the Free Malware Removal section on the forum , and the Free Malware and Question service via email to paid Versions of Malwarebytes -

If these services ever change you will be personally notified as a Lifetime Paid Version holder -

Thank You -

EDIT - This is the Extra Service currently mentioned in the EULA -

OPTION 3

If you would like to use our Malwarebytes Premium Services, Comprehensive solutions to all your computer support needs

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I'm bumping this because, if you read the EULA, the wording of that provision definitely requires the end user to accept any and all subscription fees that the provider decides to levy. I am not at all averse to paying for a good product that is so well supported as Malwarebytes, however I am averse to having things like this surreptitiously added to the EULA that few people actually read.

BTW, what is legally binding is what you agree to each time you click through a EULA. regardless of what you agreed to prior to that. Please note the following:

The Preamble of the EULA contains the following statement:

"By installing or running this software, you are agreeing to the terms of this License. If you do not agree to abide by the terms of this Agreement, you may not install or run the Malwarebytes Anti-Malware Software (the "Software") and must delete any copies of that Software in your possession."

Clause number 14 states the following:

"Malwarebytes reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate subscription at any time without notice to you."

Therefore, according to clause 14, any changes or updates they make to the software allows them to require you to pay either a separate one-time payment, or to purchase an on-going subscription. Furthermore, according to the wording of statements made in the preamble, this EULA effectively supersedes all previous agreements made, and stipulates that, if you do not agree to the terms of the EULA, you not only cannot install the update, but you must then uninstall, and delete, any copies of the software! Notice that it does not stipulate you must delete the update software only, but rather that you must delete "any" copy of the software in your possession!

Does that mean they'll start requiring you to pay a subscription any time soon? Maybe not. However, it does allow them to put you over a barrel if they suddenly decide to require it.

Whether or not Malwarebytes is seen as one of the "good guys" in the battle against malware and such things, the plain fact is that they thought it necessary to add this kind of thing to their EULA without making it abundantly clear to their users.

BTW, this is not a troll. You may read the EULA for yourselves when you attempt to install the update, and decide for yourself at that point whether or not you want to accept it. And, BTW, according to the way they worded it, if you decide not to accept it, you must then delete any copy of the software in your possession!

For me, the bottom line is to never click through a EULA without reading it thoroughly.

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Now, is this provision in the EULA new with this version, or has it always existed?

Hello,

The wording was there in the previous version, but some deletions of the surrounding text have been made in the new EULA.

This is from the old EULA (Version 1.50.1.1100) , I have set as bold the parts that have now been removed from the new EULA (Version 1.51.0.1200).

----------------------------------

14. If you are using a Full Version (paid version), you have the right to obtain updates exclusive to paid subscribers of the Software for so long as this License remains valid.

15. Malwarebytes reserves the right to designate specific additional content or features as requiring separate purchase of a separate subscription at any time and without notice to you, however, if you purchase a subscription that provides for specific updates, you will not pay any additional fee to receive those updates.

----------------------------------

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These were all suggestions by our legal team to protect us going forward should we ever release an add-on or new product.

That being said, if you hold a license currently, that license is lifetime.

Thank you for chiming in on that. I believe this is a good example of why Shakespeare advocated doing away with all the lawyers! ;)

Perhaps it might not be a bad idea for Malwarebytes to create a sticky explaining this, especially with the changes made to the EULA from the previous version as pointed out by Stem in their post, above. This way, there are no surprises that could end up biting you in the end, in the end. These kinds of "Weasel words" are what many people are starting to complain about. As written, the end user is placed between a rock and a hard place as soon as they begin the process of updating to ver. 1.51, specifically due to the fact that merely disagreeing with the EULA requires them to stop using the software, and delete any copies they may have! Either that, or change the EULA so that disagreeing with it will not make pirates of your end users.

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Thank you for chiming in on that. I believe this is a good example of why Shakespeare advocated doing away with all the lawyers! ;)

Perhaps it might not be a bad idea for Malwarebytes to create a sticky explaining this, especially with the changes made to the EULA from the previous version as pointed out by Stem in their post, above. This way, there are no surprises that could end up biting you in the end, in the end. These kinds of "Weasel words" are what many people are starting to complain about. As written, the end user is placed between a rock and a hard place as soon as they begin the process of updating to ver. 1.51, specifically due to the fact that merely disagreeing with the EULA requires them to stop using the software, and delete any copies they may have! Either that, or change the EULA so that disagreeing with it will not make pirates of your end users.

A change in Item 13 of a previous EULA for a previous version caused a similar discussion when MBAM affiliated with Support.Com and Marcin had explained then that individual, personal life-time license holders were good for life but might not cover additional MBAMPro "add-ons" like Anti_Virus or similar. The basic MBAMPro with lifetime license is exactly that - Lifetime.

As a sidenote, while we are on the subject of EULAs, people that actually read and want to understand the EULA for a piece of software will find the FREE software program; Eulayzer Personal is FREE; Pro costs:

post-35425-0-15307000-1307395851.png available at http://www.javacools.../eulalyzer.html

And Shakespeare was right. :P

*wry smile*

Shy

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