Originally posted by: Smilin
"dell oem eula"...tada!...
http://www.dell.com/content/to...cs=04&l=en&s=bsd#Vista
How much easier do you want it?
You are unable to buy a dell without checking the box to agree to the terms. Let me repeat...you are *unable* to buy without agreeing to the terms. The terms are shown to you at the time you buy. I'll repeat for the deaf/dumb...The terms are shown to you when you buy.
Tiresome Larry. Face it, nobody is hiding the terms of the deal. If they were you could challenge it *and win* in court.
Distorting the truth again, are we?
That "dell oem eula" is NOT displayed for the user, or even linked to, at the time of the sale.
There is no box to check to agree to "those" terms. There IS a box to check to agree to the "Dell Terms and Conditions", but that is NOT the same document that you linked. (How devious of you!) THAT document is at
http://www.dell.com/content/to...~lt=popup&~section=012
So I repeat, the document that Smilin linked to, is NOT, I repeat, NOT shown to the purchaser at the time of the sale. In fact, it's NOT EVEN LINKED TO.
Dell does NOT clearly disclose, at the time of the sale, that the OS license is limited and tied to the motherboard. As I first asserted.
If the astute reader would like to verify this for themselves (how deceitful Smilin is), then follow these steps:
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Go to
http://www.dell.com/
Accept cookies (for session, at least)
http://www.dell.com/
Click on "Home & Home Office"
http://www.dell.com/content/de...?c=us&cs=19&l=en&s=dhs
Click on "Desktops"
http://www.dell.com/content/pr...?c=us&cs=19&l=en&s=dhs
Underneath "Inspiron Desktops", click "Continue"
http://www.dell.com/content/pr...?c=us&cs=19&l=en&s=dhs
Underneath "Inspiron Desktops", click "Continue"
http://www.dell.com/content/pr...?c=us&cs=19&l=en&s=dhs
Underneath "Inspiron 530 Featured System", click "Buy Now"
This will take you to Dell's Cart system. Accept cookies (for session). You will also need to enable javascript.
On the cart summary screen, click "Checkout".
At the next screen, select "Guest Checkout".
Enter your shipping information. Click "Continue".
At the "Select a Payment Method" screen, underneath "Credit/Debit Card", click "Choose".
At the "Enter Credit Card Information" screen, enter your credit card details. Click "Continue".
You will eventually end up at the "Review and Submit Your Order" page. There are two sets of choices, one on "Export Compliance", the second on "Terms and Conditions of Sale".
(I assume that one has to click "I AGREE" for the sale to continue.) If you click on "Terms and Conditions of Sale", you end up at
http://www.dell.com/content/to...~lt=popup&~section=012
Presumably, the first section, labeled "U.S. Terms and Conditions of Sale" applies. Reading downward, the only blurb about software is this:
"5 Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement. "
No link is provided as to what those license terms are. There is no verbiage incorporating those license terms and conditions as a part of Dell's Terms and conditions, either.
Therefore, there is no clear disclaimer or indication, before the sale, that the license provided for the OS software is limited. Indeed, there is no indication on what said software license(s) contain, at all. It's just a blanket requirement to a agree to "an" agreement, with no indication of what that agreement is or what it contains. (In my opinion, that would be ripe to be thrown out of court.)
Again, there is NO disclaimer or indication, on the part of Dell, that the OS license is limited and tied to the motherboard, at the time of the sale.
Only that one is required to accept a nebulous "license agreement", with no indication of what it is or contains. Some among us might well consider that to be "hiding" those terms.