Correct.

Sale of Goods Act and implied terms not applicable to software supply contract:

http://www.trglaw.com/news95.html.

LONDON BOROUGH OF SOUTHWARK v IBM UK.

"Did the SGA apply?

The SGA did not apply as there was found to be no transfer of property in the software because:

1) the software was licensed;

2) Orchard expressly retained title, copyright and other proprietary rights in the software, indicating strongly that ownership rights were intended to be retained;

3) although the licence was stated to be perpetual it was subject to various restrictions, including that the software could not be modified without Orchard’s consent."

"Noting the provisions which the Judge considered, the SGA will not apply to contracts for the supply of software as they are licences with an express reservation of proprietary rights by the licensor. Even where software is supplied physically on a CD, it is almost always licensed and many suppliers make it clear that they are not transferring title to the media for this specific reason."