Posted by: Anonymous Coward
on January 24, 2007 04:25 AM
You bring up a good point. But the problem is that microsoft states that in their EULA, which is completely seperate from Dell's Agreement. In order for you to be "in the wrong" so to say, Microsoft would have to make an agreement with Dell, and then have a seperate EULA in their OS with the refund section removed. Microsoft hasn't made an arrangement with Dell of that kind, Dell only buys the OEM copies of Windows from Microsoft (obviously with the refund section still in their EULA). Since Dell dosen't have a legal agreement with Microsoft to exempt them from the refund, that means, that Dell's agreement with you only makes you aware that Windows is on the system (with the term "bundle" to disuade you from using the refund clause).
What I'm saying is that. The EULA (End User License Agreement, End User meaning you) is an agreement between you and Microsoft ONLY, In which Dell and Microsoft made a legal agreement too, in which Dell has to follow to the letter in order to put OEM copies on their machines... Laymens terms: Dell's LA is only a way to dissuade you from using the refund clause and other similiar ones. So he was completely in the right from a legal perspective.