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WilburBarnes63026

14 Posts
Posted - 04/04/2004 :  22:29:20  Show Profile
Interesting. I have Xactware and in reading some of the small print in their "disclaimer" they make it clear that they are not responsible for the finished product produced by the person(s) using the program. They are only standing by the matrix program for which a completed product can be developed.

I would think that they don't own the finished estimate written on their program. The fact that they can block one out until a contract between parties has been honored is not a conveyance of ownership of the finished estimate, it's only a tool for the enforcement of the collection of monies owed pursuant to the contract agreement between the parties involved.

Also, it is my understanding, as minor as it may be, that once the adjuster does any work on an item, it becomes, in part, his/her property until compensated for. I'm sure this falls into a grey area of the law, as nothing is etched in concrete when it comes to contracts.
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Gale

USA
231 Posts
Posted - 04/04/2004 :  23:25:48  Show Profile
Wilbur, do you know why Xactimate will only turn on their software for 60 days at a time max even if you pay upfront for 365 days? What contractual agreement is there to enforce in this case?
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Gale

USA
231 Posts
Posted - 04/04/2004 :  23:52:13  Show Profile
Tom, do you find it strange that a company would actually collect money without rendering a service by charging an adjuster to view and print an old file that was created at a time when they had legal use of the software when there is no technical reason to lock you out of your files to safeguard their software from illegal use but may do it just because they have you bent over a barrel and can get away with it without you calling the law?

Tom can you think of any reason that would be ethical in nature for locking you out of your work product like this?

If I decide to subscribe to Reader’s Digest for one year and fail to renew my subscription do they come and lock up my 12 copies that I legally paid for in full?

If after my subscription expires does Reader’s Digest make me subscribe again for three months in order to reread an article out one of the old magazines?

By the way face to face with IC I would encourage them to not change a thing. :)
Edited by - Gale on 04/05/2004 21:53:38
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