McHenry Software response to Kennedy/ARAS INCR posting

McHenry Software vs ARAS 360 Technologies/FARO License Termination and Lawsuit/Arbitration Information
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MSI
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McHenry Software response to Kennedy/ARAS INCR posting

Post by MSI » Mon Mar 05, 2012 2:43 pm

In our recent posting on the termination of the ARAS360 license which we also posted to INCR we included facts about the situation between McHenry Software and ARAS. The informational posting was to notify potential ARAS Collide users that McHenry Software is no longer associated with ARAS. Further that ARAS is no longer licensed to market Collide since December 21, 2011.

On March 5, 2012 on the INCR forum a statement by Mike Kennedy of ARAS was posted which contained several misrepresentations (we include the statement below).

The following are some comments related to the Kennedy/ARAS statement:
  • What we posted were not 'threats', they were and are statements of facts.
  • Fact 1: McHenry Software cancelled the agreement with ARAS on December 21, 2011 due to material non-compliance with the license agreement (for example not making promised payments, not reporting sales, selling for pricing well below the agreed upon pricing, and other reasons).
  • Fact 2: As part of our cancellation notice to ARAS we provided adequate time for ARAS to respond and get the original agreement between our companies into order before the cancellation took effect. However, instead of entering into any legitimate negotiations or bringing the then existing agreement into compliance with McHenry Software , ARAS merely continued selling Collide.
  • Fact 3: The ARAS lawyer stated that they had stopped selling Collide per the cancellation.
  • Fact 4: Information on Collide is still on the ARAS websites.
  • FAct 5: ARAS is still actively marketing and selling Collide in violation of the cancelled agreement. See the ARAS order form which has been updated recently which is months after the cancellation of the agreement yet still includes information on Collide.
  • Fact 6: McHenry Software cannot support the Collide program due to the non-compliance with the agreement (particularly with respect to payments) to the point that in early November 2011 McHenry Software could no longer afford to devote any more time to working on completion of the development of Collide.
  • Fact 7: The currently released version of Collide is version 1.000 and is in need of several important updates, enhancements and completion of documentation. We tried to negotiate with ARAS to finalize the Collide development and documentation.
  • Fact 8: We were left with no alternative except to cancel the agreement with ARAS on December 21, 2011.
  • Fact 9: Any sales of Collide by ARAS after December 21, 2011, are an unauthorized use of the McHenry Software programs and an infringement of McHenry Software’s proprietary rights.
We don't believe there were any "threats" as mentioned by Kennedy/ARAS in their INCR response?

For many months we have requested on multiple occasions that ARAS submit the dispute to binding arbitration per the original agreement to resolve the financial aspects of the situation so we can go our separate ways. So far ARAS has not responded to our many requests to submit to binding arbitration. And yet they make the statement that it is "being contested in British Columbia courts"??

Due to these many issues McHenry Software will never again work with ARAS which means that Collide will never again be updated, enhanced or fully and properly documented by McHenry Software.

McHenry Software regret the unfortunate circumstances of this situation.

Please send us any questions, comments or to be added to our mailing list to collide@mchenrysoftware.com.
Related Topic:What is the future of msmac3D and ARAS Collide?

The following is the statement posted March 5, 2012 on INCR by Mike Kennedy of ARAS::
  • Aras 360 Technologies Incorporated has included an optional simulation component called Collide to the Aras 360 Suite. This component, supplied by McHenry software and integrated by Aras software engineers combined the well- known and validated SMAC and HVOSM algorithms, dating back some 40 years. Recently, as a result of what we consider to be contractual violations, Aras has elected to terminate the arrangement with McHenry software. Aras customers using Collide can feel confident that the threats announced by McHenry regarding licensing will not impact their use of the software. Furthermore these threats are not legitimate and are being contested in British Columbia courts. Aras simulation products will provide the necessary updates and validations going forward. Software engineers at Aras are releasing a suite of simulation products based on evolved collision and trajectory models over the next 2 months. In addition our software engineers are translating the original work of Raymond McHenry into modern software source code. This will ensure more rapid evolution of these models and also ensure real time performance.
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