Re: [SLUG] Buying Windows XP?

From: Jim (jlange1@tampabay.rr.com)
Date: Tue Oct 23 2001 - 02:59:37 EDT


On Monday 22 October 2001 10:32 am, you wrote:
> 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

But to send in for a rebate, you usually have to send in the barcode from the
box. Hard to do without breaking the seal.
The Jim



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