Legal Question in Technology Law in Iowa

Can we get a refund for an insecure application?
We purchased a DOS program from a small company in Iowa. The company has no listed return policy and no license agreement. Before buying, we installed the demo software on a single PC, and because the demo wasn't networked, we were unaware of the gaping security flaws in the software.

After purchase, we installed the software on two PCs over a wireless connection, as recommended, and we discovered that the software cannot run using XP security features, and we were told in an e-mail: ''A lot of the settings such as security were opened as much as possible to allow any novice person...to be able to set it up in a networked environment with as little effort as possible.'' The documentation requires ''Shared full access of drive C'' and glosses over these wide-open settings.

We asked for a refund several times based on inadequate documentation and basic security problems, but were rejected. It's a very small company who claims to have never received a complaint about these issues. As soon as we mentioned our refund wish to customer service, the business relationship soured. Is there any recourse for a refund of opened software if you find it insecure/inadequate?

Thank you for any feedback.

Asked on 12/02/05, 12:57 pm

David Anderson Anderson Business Law LLC

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Re: Can we get a refund for an insecure application?

If there was no "shrinkwrap" or "clickwrap" contract the UCC applies, and you may have remedies for breach of implied warranties.

How much was paid? Have you tendered rejection to them? Call or e=mail for legal assistance.

Answered on 12/02/05, 3:12 pm

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