Posted by: Anonymous Coward
on January 08, 2007 02:39 PM
I have read the EULA, it says
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. 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.
The EULA allows you to return the software if you do not agree with its terms and conditions.
This article suggests that you enter into a contract that you have no intention of honoring by suggesting that you return Windows because you don't agree with the EULA. In practice you know what is in the Windows EULA before buying the PC and Windows and the real reason for returning Windows is that you don't want it not that you disagree with the EULA, so you would by lying.
Interesting isn't it that why Novell sneak around the GPL they are bad, but it fine to try the same legal sneak tactics on someone with a relationship to Microsoft.
In the UK you may have a better argument under the Distance Selling Regulations, this would allow you to return the software provided that it is unopened without having to give a reason. Although what unopened means with preinstalled software is unclear.