Are License terms valid ???

  rksrks 12:34 05 Apr 07
Locked

After a recent disagreement with a game supplier I wondered just how valid license terms are.
As there is no option to reject the terms and return for a refund. Even if you do not accept the terms you are left with a CD/DVD which is of no use. The game is not faulty so you can't return it under the sale of goods act.

  The Brigadier 12:39 05 Apr 07

Correct.
The point is that when you buy your are accepting the makers terms & conditions. If you say no then you dont get to use the software!
It's your choice!!

  HondaMan 12:43 05 Apr 07

from the Microsoft EULA for Windows XP home:

"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."

I wonder how retailers would view their having to refund under these circumstances. The EULA mis usually on a printed sheet and the disc in a sealed envelope so there is no need to open it to see the EULA, but how many of us read it first?

  rksrks 12:48 05 Apr 07

I have actually returned to microsoft and obtained a refund. They were just down the road and I went in and supprised them.

However I believe all software should be the same the comment from The Brigadier is fine but in most cases you have to buy the software before you can read the terms and conditions. Catch 22??

  De Marcus™ 12:53 05 Apr 07

There was a thread on this not so long back in which the FE approached a company about this, perhaps someone who posted to it can remember and post a link here?

  HondaMan 14:09 05 Apr 07

see my post of 12:43 above. Most shrink-wrapped software adopts this practice. You have the opportunity to read the EULA BEFORE opening the software

  Forum Editor 18:51 05 Apr 07

I suggested to Microsoft that they printed a concise version of the EULA on the outside of their software boxes/packs, with a warning that you shouldn't open the pack if you weren't prepared to accept the terms.

I did it because major retailers were refusing to make refunds on software packs that had been opened, and consumers had complained to us that Microsoft didn't want to know - they referred people to the retailer.

It was an inconclusive exercise, mainly, I suspect, because relatively few people return software because they aren't prepared to accept the licence terms.

  rksrks 20:27 05 Apr 07

If Hondaman was right I would have no problems I have just looked at the last 4 games I purchased and none of them give any indication on the package.

The reason I raised this in the first place was the reason of compatability I appreciate that manufacturers can not test all possible configurations however there was a specific get out clause in the terms and conditions which seemed unreasonable and I would not accept after having previous problems. Might be a theme for a new posting later.

  interzone55 20:58 06 Apr 07

If pressed Microsoft will actually refund you for your pre-installed copy of windows if you can prove that you have removed it and destroyed the installation media.

This was prompted by a number of Linux users taking MS to court because it is almost impossible to by a PC from most vendors without Windows installed

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