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Re: Microsoft EULA never tested in court ..


From: Matt
Subject: Re: Microsoft EULA never tested in court ..
Date: Wed, 11 Mar 2009 16:37:13 -0500
User-agent: Thunderbird 2.0.0.19 (X11/20090105)

Roy Schestowitz wrote:
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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:


Which part of the EULA might be against which part of the Constitution?


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