What If You Don't Agree With The Licensing Agreement?

[smearbrick1]

I noticed, while installing Windows XP, that the licensing agreement states that if you do not agree with the terms of the licensing agreement, return this product to the place of purchase for a full refund. Will stores actually accept this as a reason for return on opened software?

[VCDHunter]

I noticed, while installing Windows XP, that the licensing agreement states that if you do not agree with the terms of the licensing agreement, return this product to the place of purchase for a full refund. Will stores actually accept this as a reason for return on opened software?

Good point. Are the stores legally bound by this ? I mean it quite clearly states return for a full refund.

Any legal boffins out there care to answer ? adam ?

[doppletwo]

Boffins. LOL

Lank hair boffins. LOL

Tally hoe old chap.

I will take some snaps of the lift from the car park, pip, pip.

Bloke. Dim Punter.

[VCDHunter]

Boffins. LOL

Lank hair boffins. LOL

Tally hoe old chap.

I will take some snaps of the lift from the car park, pip, pip.

Bloke. Dim Punter.

WTF is Dim punter ?

[Cobra]

I am sure it will work out if you do not agree. Microsoft will simply refund the shop. I bet it costs about £5 to produce, ship and display a Windows XP box - not much to Microsoft. How many people wouldn't agree, anyway?

They would have to offer that option anyway, because you have to start installing it before you can read the EULA and they can't expect you to be psychic. They can't just say "You're stuffed!" if you don't agree.

[gummyAvenger]

I've seen people using this as a basis for threatening to legally challenge EULA's because you don't get to see the agreement until after you've purchased the product.

[yoda313]

Hello,

Um..... What else are you going to use with your computer??????

Kevin

---and don't give me that LINUX crap - how many mainstreamers are going to have even HEARD of LINUX before???? And if they bought XP that means they have a pc and can't run MAC. So THEY HAVE to accept the agreement for XP or else look longinlgy at their nice $500 paperweight ----

[ViRaL1]

Hello,

Um..... What else are you going to use with your computer??????

Kevin

---and don't give me that LINUX crap - how many mainstreamers are going to have even HEARD of LINUX before???? And if they bought XP that means they have a pc and can't run MAC. So THEY HAVE to accept the agreement for XP or else look longinlgy at their nice $500 paperweight ----

OS X, what else? :P

[yoda313]

Hello,

Ahem.... I believe I said since they would be buying XP they have a PC and CAN'T RUN OSX!!!!!!

Kevin

[smearbrick1]

XP was just an example. This goes for any software that has this language in the EULA.

[adam]

No, the retailers are not required to accept the opened software. The reason Microsoft, and maybe some other manufacturers, tell you to take it back to the retailer is because that is the point at which the sale is made to the customer, and that is the first place you should try to recind the contract. Of course most retailers probably won't accept it, at least not without some sort of restocking fee, so often your only recourse is to get a refund from the manufacturer. Microsoft will refund your shipping costs and I know Symantec just tells you to destroy the software so there's no shipping costs incurred, but in either case you are out any sales tax you paid. Someone sued over this in 2003 but the case just disappeared. It was probably settled and the record sealed. This particular issue really hasn't been litigated, mainly because most people blindly accept the EULA and also because the tax lost isn't all that much money.

Now Microsoft's "click the box" approach to forcing you to accept the EULA is tried and true in every jurisdiction. That EULA is 100% enforceable because the sale is expressly conditioned on the language, and because you have no choice but to expressly assent to those terms.

Other licensing agreements provided in hard copy inside the box or even those written on the box are unenforceable in many jurisdictions.

[mattyboy]

A lot of games say this also, except it says you can return it to THEM (the company) for the refund, after its been opened. The new medal of honour is an example. Its also an example of where someone should exercise that right.