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IANAL, but if you want to include a blanket “we can change these terms at any time” clause in your TOS, it seems like you should be obligated to specify a “gran
by DATACOMMANDER 8y ago
IANAL, but if you want to include a blanket “we can change these terms at any time” clause in your TOS, it seems like you should be obligated to specify a “grandfathering” window, i.e., a length of time during which any licensee will be allowed to operate under the old terms in the event of a change. Otherwise, you’re not actually giving reasonable consideration, since you’re accepting payment in return for what could potentially be a single day (or hour, or minute) of use of your software. Furthermore, a particular licensee’s window ought to be proportional to the amount of consideration given by that licensee, i.e., the number of licenses/renewals purchases by them. How is a contract conscionable if it allows one party to become dependent on the other’s services—and to pay them accordingly—while providing for the latter’s right to suddenly withdraw support?