XMOD Use Agreement (no legal garbage)

[LorneCash]

Here's what I ask:

Have a gun and want to load XMOD

• You can buy a programmer from me($132 Includes shipping to 48 States)
• You can send your gun to me and I'll flash it ($50 you pay shipping both ways)

Buying/Acquiring A Gun with XMOD already loaded

• If you're buying a gun that has XMOD on it it should come with a programmer or you should make me a $50 donation. (Paypal: [email protected]) Just because someone else is trying to screw me You can still do the right thing.
• If you buy more than one gun with XMOD on it you only need to make one donation of $50. I am selling it per person not per gun.

Bought a programmer and Selling Your Gun - You must either...

• Include the programmer with it and remove XMOD from all other guns you own, if you sell the gun with XMOD on it.
• Remove XMOD from the gun, if you want to sell the gun and keep the programmer. (I will provide you with an AGD 3.2 flash via email if you don't have one saved)

Programmer Owners

• You can flash all the guns you own. I am selling it per person not per gun.
• If you buy more than one gun that comes with a programmer you are free to sell the second programmer for a profit
• You are not allowed to sell the programmer and keep XMOD on any gun you own.
• When you sell the programmer you are completely giving up your rights to use XMOD

Paid for Flash

• You are not expected to remove the flash from your gun when you sell it as you have no way of doing so
• Any future flashes for YOU are free
• If you choose to sell your gun either you add $50 to the price and send me that on the sale of the gun or inform then next person they they are to pay for that Right to own that flash
• the exception would be if that was the only gun you owned then your rights to the free flash would be transferred to the new owner providing you did pay for them in the first place

To be honest I wouldn't care if someone else flashes your gun and you just paypal me the $50 to save yourself shipping. The problem is that I have never recieved $50 from a single person.


I may add to this list if questions are asked or I feel that I have forgotten something.

[wetwrks]

Removed at the request of LorneCash.

Please see post in my own thread here:

http://www.automags.org/forums/showthread.php?p=2539273#post2539273

[Beemer]

Here's what I ask:

I may add to this list if questions are asked or I feel that I have forgotten something.

Ya I see that coming.

But, but, but I can send my mag to Ruler_Mark at ModMyMag and he will do it for free. Looks like you been used and that is sad.

All flashes I do are free of charge, I am not advertising XMOD as the software nor saying I can or can't do it. If you ask i'd do it for free just please give me $ for return shipping and gas $ to the PO.

http://www.automags.org/forums/showpost.php?p=2479772&postcount=10

http://www.automags.org/forums/showthread.php?t=226263

[Oregon_pb_]

this should be moved into the Dealers forum.


Plus I very much appreciate everything you've done with the code, but this sounds a wee bit greedy.


Its like me installing RMOD on my AKA with the cable I bought, then selling the gun. The next guy I sell the gun to would then be asked to donate $X to the creator of the RMOD or remove the program.

I personally won't be removing my XMOD when i sell my gun, for one its more work that unless you pay for my time lets say about $30 an hr, why would I?







I may add to the absurdity of this if I feel I have forgotten anything or questions are asked

[punkncat]

Once you started selling the programmer you opened the door for this type of thing to happen. It is unrealistic to think that all users of your software would be forthright, honest, and actually pay for credit where it is due. Especially in an age where software/music/movie piracy is practically openly accepted.
It would have been better to protect this through either having all markers sent to you, or to set up a trusted network of individuals that would do the work with.

At this point, its a bit too little too late. Given that the only way to enforce this is either through the honor system or the legal system....

[JesseB]

What? Isn't that some kind of agreement that should be signed before someone purchases the programmer so it's legally binding?

If I buy a used gun with xmod on it you shouldn't be in the loop. someone paid you for the programmer and used it for it's intended purpose you can't make rules midstream. That's like saying that if you sell a gun with a Dye barrel on it you should send dye $110 since a new person is using the barrel.

You can't track these things once they leave your sight, you can't charge someone money for something you don't own (once you sell something it's not yours anymore) unless you have a legally binding contract when you initially sold the programmer I don't see where you have a leg to stand on here.

[Geronimo7]

We should all be careful here, it could be possible for x-mod to go away for all of us.

But wouldn't it be just as easy to add 50 bucks to the price of the gun your selling and just forward that along to Lorne?

[Chronobreak]

i think any amount of $ he is aprreciateive but to see someone else offering it for free while using the software he took the time(and probly a good amount of it) to produce is pretty rude to say the least.

ive done my best to protect lornes rights on pbn, perhaps the mods could do the same here

[LorneCash]

I personally won't be removing my XMOD when i sell my gun, for one its more work that unless you pay for my time lets say about $30 an hr, why would I?

...this sounds a wee bit greedy.

I'm not forcing you to remove it from your gun when you sell it, unless you own more than one. All you have to do is sell the programmer with it then.

Am I being greedy by asking every person who uses my software to pay me for it?
I think I'm being pretty generous by saying you can freely load it on all the guns you own... There's not too many software vendors that say that. The idea is simply that you don't "own" a gun for 10min and then "sell" it back to the person you bought it from.

[LorneCash]

At this point, its a bit too little too late. Given that the only way to enforce this is either through the honor system or the legal system....

I made the choice a long time ago to let people do an "honor system"... I'm not going to send the feds after anyone. I like to think that the people on AO at least are good people that will respect the hundreds of hours I put into this project.

[LorneCash]

If I buy a used gun with xmod on it you shouldn't be in the loop. someone paid you for the programmer and used it for it's intended purpose...

That's like saying that if you sell a gun with a Dye barrel on it you should send dye $110 since a new person is using the barrel.

The difference between Software or any digital media is that you can copy it. You can't copy your Dye barrel.

With that logic why dont' I sell it to one person and just have them make coppies for the entire world so I would never get another cent?

I'm not trying to be a jerk or make things difficult I just want to be paid for the work I've done. If you choose to sell the thing you bought from me I simply expect that you don't also keep if for yourself. You can sell it without including me but then you have to sell ALL of it. (sell the programmer and remove it from all guns you still own)

[mpsd]

Xmod Ftw!!

I am selling it per person not per gun.

Or, as we say in Microsoft licensing, you are selling it on a "per user" basis and not "per seat" LOL

Now, as I was the happy and proud third Beta tester for XMOD (since version 1.5), I gotta say that this guy deserves every penny he is asking for, as I know how long he worked over it and how this work made me happy, provinding me with a way to use my e-Mag on a competitive basis against other high end markers.

Lornecash is the man and his software rules!!!

[Phaelynar]

And if you sold the programmers without any of this "agreement" actually agreed upon, no one has to listen to it.

If microsoft sold me software and gave me no rules or regulations about it, then tried to throw down the hammer on me when I handed it out free to everyone etc and didn't pay them royalties, I'd politely tell them to eat it, as they can't force you to sign their new policy after they screwed up the first time around.

I honestly wouldn't expect you to receive money from people or see people following these rules. This agreement has zero legal binding over anyone, as no ones signed it, or agreed to it verbally. You're also basing this assumption on that everyone who still has a programmer still reads AO. What if for some reason some random guy has one and doesn't, but just freely distributes on his own accord? If you actually want this enforced, track down every single person with a programmer and beg them to sign it or enter into a verbal contract with you about the distribution of the software (as zero was mentioned during time of purchase).

No offense, but this seems like an incredibly desperate attempt at weeding money out of the general public during a time where the economy is crappy enough as it is. I understand that you want to be paid for what you did, but technically you were paid. You chose to sell the programmers to people on a "honor system" when in a time of mass piracy of software (which in this case it technically isn't as there was no legal notification/ramification for distributing your software upon purchase) the majority of people just aren't honest.

Maybe next time in the future you should be more vigilant to create a user end license agreement before selling the product. Not significantly after.

[bjyourk]

It can really never be resolved...Lornecash needs to understand that some may abide by his "agreement" and some will not. It's that simple. On the other side, he's just asking to respect his work and IF you feel some moral responsibility(I would not and don't), give him his due cash. Both sides need to take it for what is...if you don't want to "donate" then don't! Let it go.

[mpsd]

^Yep, that's it. That's a moral question and not something that can be enforced.