The whole question really comes down to this:
warranty of merchantability definition - a warranty of merchantability
simply guarantees that goods sold are fit for the ordinary purpose for
which the goods were sold... This is a general rule of fairness that
what looks like a carton of milk in the supermarket dairy case really
is drinkable milk and not sour or unusable.
Damn it. There goes my business plan of selling Golden Poison Frogs in a container indistinguishable from a bag of Oreos.
I think the real problem lies with the concept of hand-me-down Acceptable Use Policies / Licence Agreements -- that a party completely removed from a retail environment might be able to dictate conditions of a sale (and in some cases, resale!) Although I'll readily admit that some restrictions may be reasonable, they shouldn't be entirely up to the supplier/manufacturer.
C
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