Legal Question in Technology Law in New Jersey

Software license return policy
I am a reseller of a software package and I sold that package to a customer of mine. The license agreement the enduser (my customer) signed with the software publisher allows for returns only within 30 days. The customer now wants to return the software for a refund (more than 60 days after sale and delivery). I do not want to accept the software and even if I do, I cannot get a refund from the publisher. My customer wants to return it because they are incapable of handling the complex requirements of implementing the software, not because of the software itself or because of the competence of my firm. How binding are these software license agreements generally?

Asked on 7/15/03, 4:52 pm

Regina Mullen Legal Data Services, PLC

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Re: Software license return policy

You ask a different question than your discussion.

In general, the licenses are binding.

You don't have to take the software back, and you're not likely to get a refund from the software manufacturer if you do.

You might do it to build goodwill or something to keep the customer, but legally you don't have to.

Answered on 7/15/03, 5:14 pm

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