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Microshaft EULA - Not accepting it

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Has anyone tried this??

I know of one succesful case where a buyer said no to the EULA on first boot of a Dell machine and claimed a refund from Dell.

Also reading the EULA on the MS website -

By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft

Vista? What OS are you then going to use?

  • Author

I have a copy of Vista already that I want to use, I don't need a second.

Dont open the packaging and you should be able to return it I'd have thought :)

If Dells OEM vista is anything like their XP.. it shouldnt really matter ;)

The last Dell OEM XP install I did was shonky as hell :( Errored seconds after booting and just wouldn't stay up. Had to use a secondary disk in the end :(

Most of the software nowadays has the EULA on the packaging and just by opening it you have agreed. Some of the software, espicially OEM is also non-refundable as the license data is displayed on the outer packaging. No doubt MS would take it back though.

Interesting, but i heard of a case before they offered the man Β£30 or something back, and he argued that windows cost more than Β£30.

They said no it didn't so he tried to buy a load off them at Β£30 and they said no.

It ended up in court and IIRC the end user won.

  • Author

It seems to centre around the fact that they don't offer the machines without it and thus removing the choice.

We'll find out soon as I am about to give it a go.

Another point is you can't read the EULA on its own - it's part of the install procedure.

Years ago, when software was supplied on floppy discs, the floppies were in a brown envelope which was sealed and you had to break the seal indicating you accepted the EULA. The EULA was printed on the envelope, so you could clearly decide whether you the EULA was acceptable or not. If it wasn't, you hadn't already "opened" the box to make a copy of the floppies.

Nowadays, as the EULA only appears electronically as part of the install process, if you decide you don't like it, I can't see how PC World, Dell or whoever can refuse to refund on the premise you have opened up the paper wallet and "used the CD" because you are not able to read the EULA before you do so!

Interesting loop hole :)

  • Author

Nice one AJ - Thanks.

Yeah, get a copy of Mandrake on there - easy as pie, even for a Linux newbie.

  • Author

Well it seems it's a very simple operation.

Laptop arrived today, phoned Dell this evening and told them I don't want Vista or that crappy MS Works stuff and they said ok no problem let me just see how much you were charged for the products.

Long Silence

Vista is waaaay more worth than Β£10, they are taking the mickey. Actions like that make me despise big corps and rather spend my money elsewhere

  • Author

I suppose it's a way of circumventing any issues they may have with the EULA - Charge a nominal sum for it.

A copy of Vista OEM might be 55-150 quid but I bet Dell paid way less than that for it.

So a tenner might be right!

A copy of Vista OEM might be 55-150 quid but I bet Dell paid way less than that for it.

So a tenner might be right!

Probably; and it's still way more than it's worth so I reckon you should take it & run. :thumbup::rofl:

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