Posted by: Anonymous Coward
on January 15, 2007 10:25 PM
I've just had a look at the terms and conditions for sales for Dell Computers. (From the American website):
5. Software. All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement.
Furthermore, there is a another license which you agree to when buying a dell computer called the Dell Software License Agreement which at absolutely no point states that
The software that is on your computer is in any way included "free" on the computer.
That the software is in anyway bundled to the computer
Instead all this agreement seems to cover is piracy. Eg. Software is for use by the number of people you have licenses for etc.
For all those who think that this is immoral or is somehow violating Dell's terms and conditions - go and read the agreement. This specifically says that for software (I'm assuming that you realise that the operating system is software), you are bound to the license agreement that is part of the package. This points to the EULA which states the following right at the top of the Agreement:
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. 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.
Since Dell doesn't say anything to the contrary, you can only assume that it is applicable. Thus you would have every right and would win if you took this to small claims.
As to the suggestion that you should buy an opensource enabled computer.
Chances are you can't find what you want as an opensource computer like the ever so tasty XPS M2010.
As for building your own - most I.T. professionals I know simply don't have the time.
The reasons to do this are:
Dell are deliberately misguiding people when they tell you that their systems are fully customizable when if that were true, this process would not be necessary.
Microsoft shouldn't be getting paid to give me something I never wanted in the first place.
Lets look at this another way. Would you not get upset if I were to drop off a brick on your front door step and demanded payment for it? I'm not going to take back the brick, because it's already on your doorstep. You can't do anything with the brick as it's a different size from any other brick you have and would just make a wall or whatever uneven (and besides which, it simply doesn't play well with other bricks). You never wanted the brick in the first place.