Not honoring 4 years education upgrade

[mrkerley]

I recently purchased some video software that is only compatible with OS X 10.11 and up... However, my current version of Protools (11) is not supported for anything higher than 10.10... Good thing I originally purchased the student edition of protools 11 with 4 years of free upgrades---wrong.... I tried for hours to figure out how to upgrade, the reason I couldn't is because the upgrade didn't exist... After finally being able to contact Avid with opening a case, I explained my situation.

Case Description:

Hi,
I can't figure out how to upgrade from protools 11 to 12. I needed to update computer to OSX 10.11 to use another software, but from what I can find with research..protools 11 isn't compatible with this OS. I should get a free upgrade to 12, but can't figure out how. Thanks.

Hi Derek,

Thank You for contacting Avid Audio Registrations

I checked your Avid Account and your purchase is Pro Tools 11 (No Contract). This version doesn't include free upgrades as it is only eligible for those who registered or activated their Pro Tools on or before April 10, 2013. Upon checking the registration history you activated your Pro Tools 11 on March 9, 2014 and this simply means that there is no free upgrades available upon your activation. If you are wishing to upgrade to Pro Tools 12 you'll be needing to purchase an upgrade. If you are currently a teacher or a student you can purchase the Student/ Teacher Version of the Upgrade as this will cost you less money. You may refer to the link below on where you can purchase the upgrade.

http://shop.avid.com/ccrz__ProductDe...alUser=&store=

Regards,
Emilio
Avid Audio Licensing Support

Me:
When I purchased Protools 11 originally in 2014 it was the student
edition. This version came with 4 years of free upgrades. That's why I am
confused on why it is showing I don't have a free upgrade. I still have my
receipt from when I purchased it, and it shows that it includes 4 years
free upgrades. (I sent him a screenshot of my reciept)

Hi Derek,

It seems that you need to contact the re-seller for clarifications as this promo was ended April 10, 2013 and can no longer be promoted after the promotion date.

Regards,
Emilio
Avid Audio Licensing Support


My receipt for this purchase was in 2014. It clearly shows that I purchased the student edition with 4 years of free upgrades. Yet somehow they don't honor it because the reseller shouldn't have sold it??? I contacted the reseller days ago, but haven't even gotten a response.

Can anyone shed some light on this for me?

[Drew Mazurek]

Originally Posted by mrkerley

My receipt for this purchase was in 2014. It clearly shows that I purchased the student edition with 4 years of free upgrades. Yet somehow they don't honor it because the reseller shouldn't have sold it??? I contacted the reseller days ago, but haven't even gotten a response.

Can anyone shed some light on this for me?

One way to look at it:

If I buy expired milk (no expiration date shown) from a store, is the dairy responsible?

The reseller messed up and shouldn't have sold it to you. I'd wait to see what they say. Unfortunately, you got wrapped up in a dealer issue.

[TOM@METRO]

Was this a legitimate Avid reseller?

[Drew Mazurek]

Originally Posted by TOM@METRO

Was this a legitimate Avid reseller?

Good point Tom.

Check here:
http://www.avid.com/find-a-reseller

[DigiTechSupt]

Originally Posted by Drew Mazurek

Good point Tom.

Check here:
http://www.avid.com/find-a-reseller

We also have a list of UNAUTHORIZED resellers on the website.
http://www.avid.com/unauthorized-sellers

-TD

[mrkerley]

So I guess I got screwed by a reseller. Man this really bites. The reseller I went through was sent to me by my college professor at the time... I'm still pretty upset, I really wish avid would at least support PT 11 on newer operating systems instead of basically forcing an upgrades.

[mrkerley]

I finally received a response from them:

The option to upgrade was present then, it was a limited time to license the free upgrade. You will need to contact Avid if you want to upgrade or to show how to upgrade the program. We are only the reseller for avid, anything with the program and licensing will be done through them.

[nigelpry]

The fact is .... Pro Tools 11 education version NEVER came with a 4 years of free upgrades offer. That was a Pro Tools 10 offer.

Pro Tools 11 came with a 4 years of upgrades at $99 per upgrade offer.

There are two issues to be sorted out here.

The simple one is the retailer liability for mis-selling, which you may struggle with if it is a disreputable dealer.

But there is a second issue, entirely within Avid's control, that I highlighted as an issue at the time, and which I don't believe was ever satisfactorily resolved, other than Avid saying they'd deal with disputes on a case by case basis.

The issue is this ...

The Pro Tools 10 AND Pro Tools 11 education offers have a significant difference when compared to the current Pro Tools 12 education offer.

In the PT10/11 offers, purchasers only had to demonstrate that they were eligible at the time of purchase. Once verified as a student, you were then entitled to the 4 years worth of upgrades (free for 10, $99 each time for 11), REGARDLESS of whether you remained a student for those 4 years. You only had to go through the eligibility test at the time of first purchase.

When all the licensing changes came in with PT12, THE big change for students was that they had to go through the eligibity test each year when renewing their update and support plan.

If you cease to be a student, you cease to get discounted pricing for plan renewals.

But the relevant terms and conditions applicable at the time of initial purchase are what is important legally.

So this guy, while no doubt disappointed that he's been mis-sold it in the first place by the retailer, is still entitled to the 4 years of upgrades at $99 per upgrade deal, which converted into PT12 speak should be 4 years of student priced update and support plan renewals.

The last twist in the tale is that when the PT12 terms and conditions changes came in, Avid announced that they would be rolling PT11 student purchasers into the new PT12 scheme, because the costs were broadly similar (PT11= $99 per upgrade, PT12=$99 per year).

But the change in eligibility testing is a big issue for any PT11 student purchaser who bought PT late, say in his/her final year as a student.

Under the PT11 t&c, they still get discounted upgrades after finishing their studies until the four years is up, but under the PT12 deal they don't get any more discounted updates once their studies are over.

There are several pertinent threads in the licensing sections of the forum.

This is the key one I started back in 2014
http://duc.avid.com/showthread.php?t...ight=Education

Unfortunately there was no definitive input to the thread from Avid.

But other licensing threads I've been involved in, including this one
http://duc.avid.com/showthread.php?t=390557

Do have input from Avid confirming that issues are dealt with on a case by case basis.

My advice to the OP is this ...

1) first option is to try to get the retailer to uphold the t&c of the product they sold you (but I reckon you'll struggle, because they would probably just refund you the original purchase price, and then you're left with nothing).

2) second option is to start a support case with Avid, explaining your case that your PT11 student purchase entitled you to 4 years of upgrades at $99 per upgrade, now $99 per year renewal fee for student update and support plan.

Be sure to make the point that under the t&c of the PT11 offer that you bought, you were not required to remain a student for the duration of the 4 years and so the new requirement to pass the student eligibility test each year until the 4 years is up DOES NOT APPLY TO YOU!

[mrkerley]

Thanks Nigelpry, that is a lot of interesting info. When I did open a support case with avid I explained my issue, and they sent me a link to the annual upgrade ($99) per year. I am definitely not interested in this....So I should be entitled to the $99 flat upgrade at the least...if I'm understanding correctly. I purchased PT 11, therefore I should still be in the umbrella of upgrading at a flat fee? Or did you mean that if you are going to 12, you still need to be a student and pay the annual upgrade fee?

[nigelpry]

Originally Posted by mrkerley

Thanks Nigelpry, that is a lot of interesting info. When I did open a support case with avid I explained my issue, and they sent me a link to the annual upgrade ($99) per year. I am definitely not interested in this....So I should be entitled to the $99 flat upgrade at the least...if I'm understanding correctly. I purchased PT 11, therefore I should still be in the umbrella of upgrading at a flat fee? Or did you mean that if you are going to 12, you still need to be a student and pay the annual upgrade fee?

If you bought PT11 as a student then you were entitled to 4 years of upgrades at $99 per upgrade.

You did not have to remain a student throughout those 4 years.

If you have not yet upgraded to PT12, then it should cost you $99 to do so. You should get a 1 year update and support plan included. Subsequent renewal of the update and support plan should cost you $99 per year until your 4 years is up.

You should not have to prove you are still a student when you renew your update and support plan, unlike new student purchasers of PT12, who have to prove they are still a student to get $99 renewals.

The only benefit they have is that there is no 4 year limit for them. If they remain students for 20 years then they get $99 renewals throughout that period (in theory).

The other thing to bear in mind is that the update and support plan is actually two plans ...an update plan and a support plan. 'Normal' PT users pay $99 to renew each plan (so $198 in total), while students get them both for $99.

When your 4 years is up, you do not have to keep both plans.

It is important to keep renewing the update plan, because if you don't, Avid imposes a penalty fee of $299 to update your PT12 to the current version.

The support plan provides you with ... support. Many people get along quite happily without bothering with that plan. It halves the annual cost if you don't keep the support plan up to date.

Students do not have the option of not renewing the support plan to lower the cost. They have to pay $99 and get both plans.