Mark Snoswell of cgCharacter has posted the following open letter to their users concerning the termination of contract with Digimation. Click on More for the full letter.
I am getting a number of questions as to “what is going on”
over the termination of ACT distribution by Digimation.
I hope this public letter clarifies matters.
To all whom may be concerned…
We (Snoswell Design Pty Ltd) only ever awarded Digimation a
contract to publish version 1.0 of ACT. We were concerned
about the financial stability and prospects for Digimation and
they had to meet performance guidelines if we were going to
consider having them publish any more of our software.
Unfortunately they not only failed to meet acceptable
performance levels, they did not even meet minimal contractual
obligations and defaulted on the contract multiple times. Even
after repeated written reminders they did not remedy
contractual breaches.
They have also suffered very considerably from the loss of
Beau Perschall in January and other staff since then. We have
had to do everything that a publisher should do completely on
our own… the highly successful launch tour was entirely at
our own cost and effort. Discreet helped in organizing
presentations and contacts while Digimation declined to offer
any assistance.
… and so, now that version 1.5 is nearing completion we have
had to terminate Digimation as publishers of ACT V 1.0.
Digimation were contractually obliged to provide names and
email addresses of everyone who purchased the software.
Unfortunately they failed in this regard also. When ACT 1.5
does ship later this month we will be upgrading (for free) all
those people who have purchased ACT 1.0 through Digimation. We
hope that most people will be already on lists we have — if
not then they will have to provide proof of payment. We hope
there wont be too many people in that category.
Regrettably Digimation have not complied with the termination
requirement to cease and desist from promoting sales of ACT
through their web site. We cant offer upgrades of ACT to
anyone with pirated software.
Purchasers are warned that Digimation does not have the right
to distribute ACT v 1.0 anymore and that Digimation are in
violation of a cease and desist order.
We will shortly set up a forum system on our own web site and
have a private section for registered users. This is where all
beta programs will also be conducted.
Mark
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Dr Mark Snoswell.
Creator & Head Dude
www.cgCharacter.com
