Sevain said:
I'm pretty sure that, at least over here, if you don't accept the EULA you are entitled to a refund.
Yes and no. It depends entirely on whether it's treated as a good or service, which is usually at the discretion of the court. As a service, then rejecting the EULA should entitle you to a full refund since technically you haven't actually accepted the service (in fact, you shouldn't have paid in the first place). If it's treated as a good then you're not, since you still own the media. However in that case you'd be covered by your statutory rights, which in most countries allow you to return the goods for a full refund within seven days of purchase, provided they are in the same condition they were when sold. I've never heard of anyone requesting a refund for rejecting the EULA, but most publishers have their own returns policies. Until someone finally takes them to court over it I don't think it'll ever be established though.
Products purchased via digital download tend to be covered by separate laws, and usually depend upon the location of the company providing the service.
I don't remember ever seeing a box with the phrase "You must accept an EULA to use this product." or something similar on it.
Microsoft tend to have a blue seal on their boxes informing you that you must accept the EULA to open them; kind of ironic since the EULA is actually inside the box. Although that being said I haven't seen one for a while, but then I don't think I've bought anything off Microsoft since AOEIII
Whether it's a license or a product you weren't informed of the EULA before you bought it, therefore you can return it.
The problem is who to return it to. If it's a product then it's the person who sold you it who is responsible for refunds, as per statutory rights on the sale of goods. If it's a licence then it's the licence provider who is responsible for refunding you. Most publishers I know of will insist it's a product, thus the onus is on the seller. Most sellers will insist that refusing the EULA is a licencing issue and refer you to the publisher. It's a catch 22 situation at the moment, and until the law decides precisely what software falls under it's likely to continue.
I'm not a legal expert though, so I could easily be wrong. (Are you, by the way?)
Technically I'm a service
My company provides briefings on this stuff regularly since part of our responsibilities include potential licensing issues, for the kind of software that costs upwards of $5K per year. It's amazing the **** we need to know; we also get regular updates on the US non-proliferation policies and their denied/restricted persons list too.
Iron Count said:
Probably not as you can't prove you've rejected it as vendors would say.
If you click reject then the software won't install. In theory, you can prove you rejected the EULA simply by showing you have not used the software, which is where online activations might come around to bite the publishers on the arse. After all, if the particular serial key on your copy has never been activated then it's pretty strong proof you've not used the service.
Under local law though (at least in the UK) the vendor is obliged to refund you upon return of the goods within the seven day period after purchase, provided they're in the same condition you purchased it (and removing the shrink wrap doesn't actually invalidate this).
Does clicking "I agree" constitute as a legally binding signature
No, the EULA isn't a legal contract, it's a terms of service agreement. The provider is basically saying they will terminate your license to use the product if you breach any of the EULA conditions. As far as the law is concerned the provider has the right to terminate the license at any time and for any reason, the main purpose of the agreement is to cover their arse rather than yours; if they terminate without specific reason or due warning then you do have a right to sue for damages.
Dunno what legal status has to do with it, and technically they've never been legally challenged. Problem there being that as you are licensing the software, the provider does actually have a legal right to terminate service at their own discretion.
