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 :: Mailing Lists

[ILUG] Dell Laptops - declining XP EULA

[ILUG] Dell Laptops - declining XP EULA

Bryan O'Donoghue typedef at eircom.net
Sun Jul 31 00:00:11 IST 2005


John Madden wrote:

> Well, with Dell you can't click "No", because you're asked to hit any
> key to accept the licence agreements of all preinstalled software. I hit
> the power switch (not sure if that counts under "any key") and installed
> Debian. However, Dell weren't very enthusiastic about giving me a
> refund. Hell, they wouldn't even take back the piece of crap MS call
> Windows XP and keep the refund! I was told that shipping it with XP made 
> the overall bundle cheaper -- surely if that were true, it'd be a case 
> for the EU competition authority (or whatever they call themselves)? 
> Anyway, because I had an FYP and exams looming, I gave up trying, and 
> still have a sealed OEM copy of XP shipped by Dell. I might even try 
> badgering them over it again, but I reckon at this stage it's a waste 
> of time. Maybe if a few people got together and caused a bit of hassle 
> they might even recognise that there's a non-MS market out there!
> 
> 
>>If whatever purchase I make next, is not a Linux pre-install, I do
>>intend to attempt to get my money back from Bill Gates.
>>
> 
> It's more painful than it seems. Also, IIRC, the XP EULA states that you
> can send back the software, but it doesn't state anything about getting
> a refund, whereas previous Windows EULA's did (if I remember what I read
> at the time correctly). Also, wouldn't you have to agree to the EULA in
> order for that clause to be binding? And, if you agree to the EULA, then
> you shouldn't want a refund, right? It's a huge heap of legal bullshit
> if you ask me! Linux is just so much easier and user friendly.

The XP EULA says :

################

End-User License Agreement (EULA) is for informational purposes only.
There is no software accompanying the EULA.
<snip>

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING,
OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR
USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL
^REFUND^ .

##############


I'd read that as meaning, I may not be able to buy a machine from OEM-x
sans Windows, however, once I do buy that machine, declining the XP
EULA, entitles me to a refund.


-- 
"I can no longer sit back and allow communist infiltration, communist
indoctrination, communist subversion, and the international communist
conspiracy
to sap and impurify all of our precious bodily fluids."
Gen. Jack D. Ripper



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