On Sunday 21 October 2001 23:28, you wrote:
> --- Derek Glidden <dglidden@illusionary.com> wrote:
> > Scott Piper wrote:
> > > Then I guess you could sell the Windows XP to
> >
> > somebody in the PC group.
> >
> > Um, no actually you can't. That's one of the issues
> > with recent
> > Microsoft EULAs - non-transferrable licenses.
>
> Quoth the Homer;
> "D'OH!"
>
IANAL -- but --
Ummm with all due deference, until the seal is broken is opened there is
no EULA. IIRC, the EULA states something to the effect of "by breaking
this seal you agree to the following terms and conditions of use".
So, the act of breaking the seal creates the contract, not the act of
purchase. Until someone breaks that seal no End User License Agreement
exists.
When you walk out of the store with the box, Microsoft has made what is
called "a tendered offer" of an agreement ... but you have not yet
accepted that offer because they have stipulated that acceptance of their
offer requires an action by you ... breaking the seal ... that you have
declined to do. At that point in time, no one has accepted the tendered
offer as it applies to that particular copy of the software and user
manuals (if any) because no one has broken the seal.
Personally, Microsoft will get no more of my software dollars. I am in a
position to make that decision and that is what I have decided to do.
Bill
-- icq # 126373831 http://www.anhonestdesire.com"Thou shalt not murder" is not negotiable.
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