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____/ Doug Mentohl on Wednesday 11 March 2009 15:37 : \____
> 'By using the software, you accept these terms .. You can recover from
> Microsoft and its suppliers only direct damages up to the amount you
> paid for the software'
>
> 'This limitation applies to .. claims for breach of contract, breach of
> warranty, guarantee or condition, strict liability, negligence, or other
> tort to the extent permitted by applicable law'
>
> 'The first user of the software may reassign the license to another
> device one time'
>
> 'The first user of the software may make a one time transfer of the
> software, and this agreement, directly to a third party'
>
>
http://download.microsoft.com/documents/useterms/Windows%20Vista_Ultimate_English_36d0fe99-75e4-4875-8153-889cf5105718.pdf
This might also be unconstitutional in the US. As for the UK:
Do Microsoft's EULAs have any real legal basis?
,----[ Quote ]
| "Microsoft has no special exemption from the sale of goods act." Well,
| no, probably not - but it might still be selling you "services"
| instead of "goods". But the real point to remember is that it doesn't
| matter a jot what the "logical" position is, it is what the courts
| decide that matters.
|
| As far as I know, no one has tested Microsoft's EULAs in a UK court
| and, until someone does, Microsoft will just go on assuming that they
| work. And I don't fancy the risk of taking on Microsoft's expensive
| lawyers in court myself...
`----
http://www.regdeveloper.co.uk/2007/04/25/microsoft_eula/
- --
~~ Best of wishes
Roy S. Schestowitz | Disclaimer: no SCO code used to generate this post
http://Schestowitz.com | RHAT Linux | PGP-Key: 0x74572E8E
19:20:01 up 7 days, 5:38, 2 users, load average: 0.60, 0.79, 0.95
http://iuron.com - Open Source knowledge engine project
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