This June, I purchased the Magmic Sudoku game from these guys for my
Blackberry 8700. I ran into a common problem where the solution is
"delete the app and reinstall it".

Well, I had it installed on Monday and apart from the problem of the same
puzzle coming up over and over again (and not being given credit for
solving it), the daily puzzles were working fine. I deleted it, went
back to the site to install it, and found that the version I had paid for
and downloaded was no longer available.

I contacted support. They asked me 2 or 3 times for the same information
over and over, sent me a handful of links, and then informed me that they
couldn't provide me with the file because the platform is not supported.

What? Um, excuse me, it was supported just fine on Monday when I last
played the game.

Them: "Sorry, the platform isn't supported. We can't give you a refund,
but we'll give you a $10 credit so we can go through all this again when
you fail to upgrade to a more current device the next time."

Um, no, that's not acceptable. Really. I paid only $7 for this program,
but I really like it. I like the daily puzzles and seeing my ranking
climb every day when I complete the daily puzzles. I made it into the
top 500 earlier last week. Now you're telling me I need to get a new
phone to continue playing? Because I followed standard advice to

Grrrr, really unhappy with these guys. Rather than help, they said
basically "tough, the purchase agreement says we don't have to do jack
for you after your initial download. You should consider yourself lucky
you got the program installed in the first place. Go away."

The entire thing is predicated on the legality of click-wrap licenses.
Whether they are or not, I wonder if there's some way a consumer can
attach to their form of payment an agreement that does something like a
click-wrap license - something that outlines terms of service if they
collect payment that they must agree to, and if they don't, the
transaction can't go forward, but if the transaction goes forward, then
they have to live up to the consumer agreement.

Something reasonable, like:

"Your collection of funds from this form of payment constitutes your
agreement that the product you are selling to the purchaser is warranted
for a term of no less than 2 years, and if it fails to perform, you will
replace the product at your expense or provide a full refund to the

If you do not agree to the terms of this agreement, contact the consumer
and inform them that you cannot process their order."

It seems silly that a consumer is bound by such click-wrap licenses and
there's no option for a consumer to impose similar terms & conditions for
collection of payment on the supplier.


Jim Henderson, CNA6, CDE, CNI, LPIC-1, CLA10, CLP10
Novell Technical Training