Slashdot Mirror
Slow And Steady Leads To Windows Refund Success
linuxwrangler writes "By proceeding carefully, documenting everything, being persistent and keeping his cool, Steve Oualline was awarded a $199 refund for his unused copy of Microsoft Windows XP. See his Linux Journal howto for the details. Hopefully this is the first of many victories."
but this guy is a dope, he EASILY could have just bought a computer (barebones) with no OS installed and saved himself a shitload of problems, but that asside, what he really wanted to do was "stick it to the man" and get $199 back on his PC purchase. That's nice and all, but how much time did he spend on the case, documentation, calls, etc? Work it out and that $199 is pittance. Even with court costs he is out money for trying to be cool.
In short: he should have just stuck with the copy of XP and used it as a really expensive coaster or buy a barebones system and save the difference, time, and hassle.
Microsoft(r) Windows(r) XP Professional
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single legal entity) and the
manufacturer ("Manufacturer") of the computer system or computer
system component ("HARDWARE") with which you acquired the
Microsoft software product(s) identified above ("SOFTWARE"). The
SOFTWARE includes Microsoft computer software, and may include
associated media, printed materials, "online," or electronic
documentation and Internet based services. Note, however, that
any software, documentation, or web services that are included in
the SOFTWARE, or accessible via the SOFTWARE, and are accompanied
by their own license agreements or terms of use are governed by
such agreements rather than this EULA. The terms of a printed,
paper EULA, which may accompany the SOFTWARE, supersede the terms
of any on-screen EULA. This EULA is valid and grants the end
-user rights ONLY if the SOFTWARE is genuine and a genuine
Certificate of Authenticity for the SOFTWARE is included. For
more information on identifying whether your software is genuine,
please see http://www.microsoft.com/piracy/howtotell.
By installing, copying, downloading, accessing or otherwise using
the SOFTWARE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, you may not use or
copy the SOFTWARE, and you should promptly contact Manufacturer
for instructions on return of the unused product(s) in accordance
with Manufacturer's return policies.
SOFTWARE PRODUCT LICENSE
The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the
computer system with which the HARDWARE operates, if the HARDWARE
is a computer system component.
1. GRANT OF LICENSE. Manufacturer grants you the following
rights, provided you comply with all of the terms and
conditions of this EULA:
* Installation and Use. Except as otherwise expressly
provided in this EULA, you may install, use, access,
display and run only one (1) copy of the SOFTWARE on
the COMPUTER. The SOFTWARE may not
be used by more than two (2) processors at any one time
on the COMPUTER, unless a higher number is indicated
on the Certificate of Authenticity. You may permit a
maximum of ten (10) ("Connection Maximum") computers
or other electronic devices (each a "Device") to connect
to the COMPUTER to utilize the services of the SOFTWARE
solely for File and Print services, Internet Information
services, and remote access (including connection sharing
and telephony services). The ten (10) Connection Maximum
includes any indirect connections made through
"multiplexing" or other software or hardware which pools
or aggregates connections. Except as otherwise permitted
below, you may not use the Device to use, access, display
or run the SOFTWARE, the SOFTWARE's
User Interface or other executable software residing
on the COMPUTER.
* Software as a Component of the Computer - Transfer. THIS
LICENSE MAY NOT BE SHARED,
TRANSFERRED TO OR USED CONCURRENTLY
ON DIFFERENT COMPUTERS. The SOFTWARE
is licensed with the HARDWARE as a single integrated
product and may only be used with the HARDWARE. If the
SOFTWARE is not accompanied by new HARDWARE, you may
not use the SOFTWARE. You may permanently transfer all
of your rights under this EULA only as part of a
permanent sale or transfer of the HARDWARE, provided
you retain no copies, if you transfer all of the SOFTWARE
(including all component parts, the media and printed
materials, any upgrade