[Gllug] Getting Microsoft off a Dell purchase - anyone done this?[OT]

[Matthew Cooke]

>
>On 7/10/06, Paul M <tallus at gmail.com> wrote:
>
>>But this is not being claimed. When you buy a piece of software with a
>>licence you are entering into a contract -- one that gives you certain
>>rights to use a piece of someone elses intellectual property.
>
>No I'm not. I'm buying a piece of plastic that contains some software.
>To claim anything else is absurd. Would you claim that if that bit of
>plastic happens to contain audio data instead that I'm also entering
>into a contract? Of course not. If nothing else, a contract requires
>both parties to agree, and I certainly don't agree that when I buy a
>piece of software, I'm bound by the conditions of use imposed by the
>vendor.

You are normally only bound by a contractual agreement if you wish to 
complete the installation procedure for the software. During installation 
you normally go through a clickwrap agreement where you promise to give your 
second child to Satan, etc, etc,
If you buy the software and don't agree to the contract for the software 
then the shop is probably obliged to refund you if it was unclear from the 
packaging that you would need to agree to those terms to use the software.
Under different jurisdictions the clickwrap agreement may or may not be 
binding and some of the terms may be deemed unfair and therefore invalid.

I think usually (US/UK atleast) many of the terms in the agreements are 
enforceable once you go through the clickwrap agreement.


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