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Re:It IS a bundle

Posted by: Anonymous Coward on January 06, 2007 10:10 PM
The Windows EULA<nobr> <wbr></nobr>... does NOT say that you can get a refund for JUST the Windows operating system



Dead wrong. What the EULA says is this:



IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.



"IT" clearly refers to "THE SOFTWARE" in this sentence.


Partially wrong. That's possibly what the boxed, retail, version of Windwos contains in its EULA. In the bundled OEM version of Windwos, the EULA states:


``IMPORTANT-READ CAREFULLY: This End-User Licence Agreement ("EULA") is a legal agreement between you (either and individual or a single entity) and the manufacturer ("Manufacturer") of the computer system or computer system component ("HARDWARE") with which you acquired the Microsoft software product(S)...IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE OR COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY CONTACT MANUFACTURER FOR INSTRUCTIONS ON RETURN OF THE UNUSED PRODUCT(S) FOR A REFUND IN ACCORDANCE WITH MANUFACTURER'S RETURN POLICIES''



[Emphasis mine]. If the manufacturer's return policy includes that the whole machine must be returned and not just one part of it (namely the OEM version of Windwos), then to get a refund, you must obey that policy and return the whole machine.



Note that the EULA is between you and the computer manufacturer, not between you and Microsoft!

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