LinuxLingam wrote:
>
> i wonder what the legal stand on this would be. i mean, the eula is
> supposed to be a legal and binding contract, that throws people in
> india into jails on a non-bailable offence. and if someone does not
> wish to agree and use the agreement or the software, why are refunds
> not given? unless the ms win doze xp is free, free as in beer.
I thought this was obvious, but I will go through it again. Please to
excuse my repitition.
Wether you agree, or disagree, or break, the EULA, has no financial bearing
on your purchase of the laptop. If you agree with the EULA, and comply with
it, you have a licence to use the product. If you don't, you don't.
> if there is a cost component attached to it, an end user has i
> suppose the legal right to have it waived off. bundling or no
> bundling. unless the issue of bundling is questioned.
There is no cost component attached to the XP licence when you buy a Dell
Laptop. There is no money they charged you, so there is no money you will
get back. You are entitled for a refund, whose value is zero. Zot. Nada.
> wonder what microsoft's stand is on this, if someone requests a
> refund on disagreeing on the EULA on a laptop that came pre-loaded
> with their software.
MS does not need to take a stand on this, at all. You are not their
customer, and by not agreeing to their EULA, you have explicitly refused to
enter into a contract with them. As such, there is little you could ask
them, and little that they would like to say.
Please note, again, that the XP licence is not billed to you seperately
*specifically* for this reason. I have bought machines with "OEM Win'95
Installed - Rs4000", and I suppose I could ask or a refund; but in your
case, unless you can quantify what you paid, you cannot ask for it to be
returned.
Cheesing off Compaq or Dell is likely to be counter-productive; they are not
exactly ecstatic with this arrangement, but unke bhi bibi-bache hai.
When I buy a car, the manufacturer throws in 3 free services. I cannot ask
for my money back because I do not want to avail of them.
--
Sanjeev
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