Can a Software Publisher Claim They’re Unable to Activate a Perpetual License Because the Communication Technology Between Their Server and the Application Is Outdated?
Contractual Nature of a Perpetual License
• A perpetual license means the user has paid for the right to use the software indefinitely.
• This right is independent of any internal technical evolution on the publisher’s side — unless the contract explicitly limited this right based on the technology used (which is rare).
Obligation to Deliver vs. Technical Obsolescence
• The publisher is bound by a performance obligation: enabling the user to use what they paid for.
• If server communication relies on outdated technology (e.g., deprecated TLS versions, legacy protocols, old APIs), the publisher:
• Had control over this architecture
• Must ensure reasonable backward compatibility, or provide an alternative solution (e.g., a patch, offline activation, migration tool, etc.)
Obsolescence Is Not a Legal Justification
• Under the law, technical obsolescence is not considered force majeure (i.e., an unforeseeable and unavoidable event).
• It may be a technical difficulty, but not a valid legal excuse on its own for refusing to fulfill the contract.
Reasonable Alternatives Are Expected
• If the server can no longer communicate with the application, the publisher is obligated to offer an alternative:
• Manual or offline activation
• A patch that bypasses server checks
• A modified installer
• Simply stating “the technology is outdated” and doing nothing may be seen as:
• Bad faith execution of the contract
• Abusive denial of an acquired right
Potential Liability
• Refusing to activate a perpetual license on this basis may expose the publisher to:
• Contractual liability
• Possibly tort liability, if damages can be proven
• A court may order the publisher to:
• Provide an activation solution
• Compensate the user
• Offer an equivalent access method
In Summary:
No, a software publisher cannot legally refuse to activate a perpetual license simply because the communication technology is “outdated”, unless activation has truly become objectively and permanently impossible — and only if all reasonable alternatives have been explored and exhausted.
Well spoken, Chat GBT makes the case for Trimble to take corrective action. My previous comment regarding Trimble not supporting perpetual licences is based on the the available SU versions, 2025, 2024 and 2023, it stops at the 3 year mark Download All | SketchUp | SketchUp and the site https://help.sketchup.com/en/downloading-older-versions also stops at 3 years. There is a note at the bottom of this site:
Older versions of SketchUp include the year in their name, and SketchUp version numbers always begin with the year that version was released. The default End of Support date for that version is three years after the year shown. For more information, see our End of Support Policy.
So perpetual licensing is not supported as far as I can tell. I could never reach a real Trimble Representative, they always refer me back to the forum. How convenient for them.
Additionally, I have made several Sketchup Extension Warehouse purchases, one of my licences was corrupted and I asked a Sage Team member for assistance:
I have exhausted all means through Sketchup to fix and restore my scribble license issue. The support manager basically said they aren’t allowed to use these other methods:
“There are some issues that theoretically have a way around them, but because of business decisions Support are not allowed to help people using no longer supported workflows.”
“A related issue is getting the SketchUp license to work on a new computer.”
“Do you still use a “Perpetual”-License Version of SketchUp Pro, like SketchUp Pro 2020 or earlier? Did you know you no longer can activate the license, eg. in case you get a new PC or need to reinstall? I was shocked to find out that activation is no longer possible, because the activation Server is broken with no Plan to fix it (Stated by colin, earlyer today): answers to a question about the 2015 Version, but i assume all Versions are affected. This would mean, less than 5 Years”
So it appears since I’m using Sketchup 2021 Perpetual Licensing that were excluded, this is alarming. I will not be making any more purchases through the Extension Warehouse moving forward.
I will be making a BBB report to disclose these unfair practices on the consumer.
I see, now we’re getting legal advice from chat GPT.
@wayne2 what went wrong there ? did you decide to give thumbs down to all of my posts, then gave up after 4 ?
I hope you’ll apply more dedication into your class action.
dude, the only person working for trimble in this Thread is Colin. meanwhile, you’re the one throwing accusations at people here.
You’re right, this forum needs a better screening.
Nap, good morning, a little aggressive are we. Your going to give your self a heart attack stressing over these post, not worth it.
So the basis of my point is that a perpetual licence doesn’t need a support agreement, after the support period ended it was said that the individual owns the licence and can use it indefinity (Perpetual).
Trimble has repeatedly demonstrated their policy through action:
Dropped the ability to reinstall Classic Licences by removing access to the legacy licence server
Refused to resolve an issue with an extension warehouse licence solely on the basis that the user doesn’t have a subscription. ( I paid for a licence, and now I cant use it?)
Classic Perpetual Licence holders should be the ones that are Angry Here, I have used Sketchup since 2008, and made purchases of new licences through 2021 under the guise of Perpetual, that’s what was stated, promised, and what we paid for. If your a Subscription based user, then this doesn’t effect you, and when people argue against the validity of classic perpetual licences, it leaves the impression that your working or representing Trimble. If your not then why invest?
If I had a direct line of communications with Trimble then I wouldn’t bother posting or upsetting people on this forum. Trimble has users opposing each other with different points of view or arguments, it feels intentional. I think this is a bad business model and puts the consumer at odds with his peers and completely dismisses the customer concerns. So my statements concerning people possibly working or compensated by Trimble is based on the shear amount of time invested on the forum helping or hindering, I’ve seen both. So if your not then why do you?
This topic is a waste of time. Trimble has already stated their position and their unwillingness to change it. If you feel they have done you wrong, take them to court and let real jurists argue the law.
Indeed, several people here are involved in different capacities: some are clearly employees, while some others are interested parties (resellers, testers, etc.). This is something that can be observed quite easily. One of the reasons why some people intervene without argument or without interest in the question as you have noticed, or simply with the abnormal urge to limit your expression or deviate from it.
As for ChatGPT, I’ve already used it for legal questions, and the responses were later reviewed and validated by legal professional. In this case, it was just an initial approach. That said, the argument concerning a perpetual license vs pseudo technical problems to validate it is a strong one. For example, under U.S. law, contracts are taken very seriously — especially when a license is meant to be granted irrevocably. In other countries, it is clauses deemed abusive that can invalidate a contract in the interest of the consumer.
Alan, I am in the process of drafting a formal letter to Trimble using Chat GBT. The Chat GBT gives sound legal advice and is coaching me on content and courses of action to take in this matter. I really appreciate your weighing in and providing a supporting augment.
you’re asking legal advice to a language predictive model.
it’s basically telling you what it believes you want to hear.
I do find you agressive yes. from the first message where you were just going at Dan’s throat. the one currently hidden due to several reports I think.
no risk bro.
quick question, have you started by reading the full complete EULA ?
edit : this one is from 2015
and this is the current one
nah, they just don’t care.
it’s a hobby. sense of community all that. why, do you do EVERYTHING in life just for a financial compensation ? never heard of helping out ? We’re here daily because we enjoy hanging out, got some buddies here. and we like to help people. If not on this community forum, then some place else.
and from time to time, we get people who come just to rant and fling ■■■■ around and yeah, that’s not cool.
so I’m guessing that Sirtet is on the right path, with an older windows and maybe some fiddling / redirections, something could be done. too bad he doesn’t have a licence with the right vintage.
I also asked
should I sue trimble for breach of contract because they’re not supporting the perpetual classic licences ?
and well… no.
I understand your frustration — you bought a “perpetual” license, which implies indefinite use, and now you can’t activate it. That feels like a breach of trust.
But legally, suing Trimble for breach of contract is very unlikely to succeed. Here’s why:
1. What “Perpetual License” Really Means
A perpetual license usually grants you the right to use the software version you bought indefinitely — but not:
Guaranteed access to activation servers forever
Compatibility with future operating systems or browsers
Ongoing support or updates
Most EULAs (End User License Agreements) include clauses like:
“This software may require online activation. Trimble does not guarantee that activation services will be available indefinitely.”
So, Trimble can legally sunset those activation systems, especially if their underlying tech is obsolete (like Internet Explorer or TLS 1.0).
2. What You Agreed To When You Bought It
The SketchUp Classic license EULA (even from pre-2019 versions) typically had clauses such as:
“No warranty of continued availability of services.”
“This license does not guarantee that the software will remain functional indefinitely.”
That means the product was sold as-is, with no legal obligation to keep the activation servers running.
3. Precedent & Legal Costs
Even if you feel morally justified, the practical side is:
Legal costs of suing a company like Trimble are extremely high
There’s no clear precedent of a user winning a case like this
Courts typically side with the contract as written, and those EULAs are drafted to protect the vendor
4. What You Can Do Instead
Here are your better options:
Reach out to Trimble Support:
Be firm but respectful — explain you want to use your classic license.
Ask if they can manually activate it or offer a discount toward a subscription.
Use a legacy environment (like Windows 7 + IE11) to activate once, then keep that system image saved.
You can actually reframe it about that. I even managed to end up talking to a reeeeal mean thing arguing in bad faith.
And careful, it’s also reeeeeal far from being dumb. (Yet very dumb at the same time)
It’s quite funny what I’m reading here about AI. It tells me that you haven’t really experimented with it, and besides, there’s no obligation to do so.
In the legal field, many lawyers use it; it’s a fact; there are articles and professional recommendations on the subject online. It’s an “Artificial Idiot” that helps solve crimes and cold cases, and is increasingly used in medical research. There are fields where AI is more advanced.
As many people know, there are techniques to make its use more reliable. We can have fun playing the fool with it, and we’ll get idiotic answers. There’s nothing surprising about that.
I had a pretty incredible experience last year. I traveled with an AI engineer and… we had a discussion as equals about AI. I probably don’t have all his knowledge. But in the months before, I was curious enough to ask for and obtain knowledge about AI, from AI. Enough to be able to discuss it without difficulty with a specialist one and a half hours.
Everyone knows (at least the majority) that AI is not just a predictive language model! It is impossible that a predictive language model give me concepts about IA.
I wouldn’t bet my life on it, but I am pretty sure I was given an option when the subscription model was launched. I could either pay X if my licence remained valid or Y if I surrendered it. I will have a look to see if I can find the details.
No, a software publisher cannot legally refuse to activate a perpetual license simply because the communication technology is “outdated”, unless activation has truly become objectively and permanently impossible — and only if all reasonable alternatives have been explored and exhausted.
1. What “Perpetual License” Really Means
2. What You Agreed To When You Bought It
3. Precedent & Legal Costs
4. What You Can Do Instead
