To further back this concept up, I believe the wording has
also stated that your money can be refunded by the seller if you
return the
product un-opened. The catch comes however when the wording that
states this, is not visible until the seal is broken. Once the seal
is
broken, a refund (or more likely, a like-kind exchange) is then only
done
when the original product is defective and can't be used.
> 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.
>
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