What if you don't agree to the License agreement after opening shrink wrap software?

TommyVercetti

Diamond Member
Jan 4, 2003
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Hyptothetical situation.

Say I purchased a computer game. Some computer games nowadays just come in a shrink wrapped box and a CD, with the manual included on the CD. I open it up, put the CD in and try to install it. First thing that comes up is the license agreement, which I have to either accept to go forward or decline it and not install the game. I read the license agreement and decide no to install the game. Shouldn't I be able to take the game back and ask for a full refund, since I did not agree with the license agreement and therefore did not play the game?
 

konichiwa

Lifer
Oct 9, 1999
15,077
2
0
Yes, which is why most people believe that, if ever tested in court, click-thru license agreements and the like would stand up about as well as a house of cards made by these guys
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
heh you are fvucked. you can NOT return it to the store so you have to eat it.

though i would love to see it go to court. There was a site that had a bunch of click-through licenses that had a bunch of BS (but they were real) in them.
 
Nov 5, 2001
18,367
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Depends on the retailer I think. Some will eat it, but others may make you deal with the manufacturer. MS of course allows this.
 

aircooled

Lifer
Oct 10, 2000
15,965
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Every retail outlet that I know of will not refund dollars for open software but will only replace it for the identical software (meaning they only accept returns for defects). They treat music the same way.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,673
142
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www.neftastic.com
Most LA's have wording such that if you do not agree to the LA that you may take the software back to the original place of purchase for a refund. Even if the store doesn't have a return policy that matches, simply pull out the LA (or a screen cap printed out from the agreement if it's a prior-to-install bait-and-trap kind), drop that in front of the manager and tell him or her that the software agreement states that the store must accept return for a refund, in which the store is liable for through their software distributor in turn through the software manufacturer/developer.

Once you pull this kind of crap on the manager they usually back down.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,257
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usually the license agreement says that you're able to return the software for a refund. if the store doesn't take it back they're probably violating their sales contract with the company who makes the software
 

DrPizza

Administrator Elite Member Goat Whisperer
Administrator
Mar 5, 2001
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hypothetically, since I rarely read the agreements and just click through them (since I've felt I was stuck with the software anyway), what kinds of things might I find offensive in the agreement?

 

Nohr

Diamond Member
Jan 6, 2001
7,303
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www.flickr.com
Originally posted by: DrPizza
hypothetically, since I rarely read the agreements and just click through them (since I've felt I was stuck with the software anyway), what kinds of things might I find offensive in the agreement?
Hope you're not terribly attached to your first born.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
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Originally posted by: DrPizza
hypothetically, since I rarely read the agreements and just click through them (since I've felt I was stuck with the software anyway), what kinds of things might I find offensive in the agreement?
You can run it only on one machine.
You can not make copies.
You can not resell the S/W.
You can not use it for business ventures.
You can not re-distribute it.
etc.



You must sell your soul in order to contact their tech support. :evil:
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
Originally posted by: EagleKeeper
Originally posted by: DrPizza
hypothetically, since I rarely read the agreements and just click through them (since I've felt I was stuck with the software anyway), what kinds of things might I find offensive in the agreement?
You can run it only on one machine.
You can not make copies.
You can not resell the S/W.
You can not use it for business ventures.
You can not re-distribute it.
etc.



You must sell your soul in order to contact their tech support. :evil:
One of them had that everything written with product (think it was Office or such) is property of company.

or something to that effect. this was a few years ago

 

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