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Can I remove the Cactusoft Copyright Notices from CactuShop?
Question
Q1. Can I remove the CactuShop branding from CactuShop?
Q2. Why do you not permit me to remove such code?
Q3. I am a developer - if I don't remove this code, my client will know what software it is.
Q4. What will happen if I do remove the license number, copyright notices, or otherwise breach the license agreement.
Q5. I bought the software from someone else who had removed the copyright notice. I didn't realise it was CactuShop that I was buying, or I didn't know what the license agreement said. Am I still bound by it?
Answer
A1. Some removal of branding is permitted. Below is a brief summary of what is, and what is not permitted.
PERMITTED
Modifying the skin to remove references and links to CactuShop
Referring to CactuShop as a generic product - "Shopping Cart".
NOT PERMITTED
Editing the copyright notices that are within the ASP of CactuShop
Editing the ASP code so that copyright notices that are written into the HTML are modified.
Rebranding CactuShop as something else (ie branding it so it appears to be "XYZ Cart")
Editing/Modifying the ASP code that displays your license number within the HTML.
The license agreement makes the copyright requirements quite clear when CactuShop is purchased.
A2. These are requirements of our license agreement. As with any license agreement, potential purchasers who do not agree with the terms of the license agreement should not purchase the software.
The requirements (like any other copyright notice) are in place to inform a user of the software that the code is owned by Cactusoft. Without this, infringers could claim they were not aware that they were infringing our Copyright. CactuShop itself includes portions of code that is owned by other parties - we comply with the conditions of use of that code.
Imagine the following situation. "User A" buys CactuShop and builds a successful ecommerce site but removes all Cactusoft's copyright notices. He later sells his entire business to another person, "user B". That person hires a developer to do some work on the website. He finds the ecommerce code and thinks it will be useful for another project he is working on. He asks if he can take a copy of the code and "User B" does not object. The developer builds a new site for "user C".
Sometime later User C's website is identified by Cactusoft as an unlicensed install of CactuShop and User C is asked to pay a license fee to Cactusoft. He is upset because he has already paid his developer for this site. He may deny it is Cactusoft's code, because he genuinely does not realise it is. It is to prevent this type of situation that our copyright notices described above MUST remain in the software.
A3. Unless you are simply selling the software on to your client, why should it be a problem? Are you going to hide the fact you're using a Microsoft operating system in case the client finds out you didn't write that from scratch? And the web server software? How about the scripting platform and the database? Your client cares about you delivering a working solution at a reasonable price. CactuShop has taken years to develop and would cost your client hundreds of thousands of Dollars to build. But what they are buying isn't the software, it is the finished site. You will need to install it, customize it, design the look and feel, import data and provide support. If they can do that all themselves, then they would not have contacted you. And any business person would appreciate that the above takes time and time is money.
A4. Initially Cactusoft will write and ask the operator of the site to restore the copyright notice and/or license number, or remedy such other breach.
If the user is not willing to remedy the breach in a timely manner, Cactusoft will take action for copyright violation. In most cases this involves enforced closure of the website pending trial.
A5. Yes. The license agreement is binding on all users of the software, even if they purchased from a thirdparty who claimed that the software was something else. It is for the protection of such people that we insist the copyright notice is left intact.
If the license for such a site is not valid, a valid one must be purchased from Cactusoft. In this case Cactusoft would advise the user to seek redress from the developer who sold them the unlicensed (pirated) software.