David Schwartz wrote:
To the extent that there is no affirmative act of agreement to the EULA,
Microsoft will have a hard time enforcing it. I have seen laptops that, on
first customer boot, require you to accept a Microsoft EULA.
I think Microsoft would have hard time enforcing their EULA if there
was no
positive act of assent to it.
In Germany even the click on "I agree" has no legal consequences when the user
was not able to read the EULA *before* the purchase: If the EULA is not
printed on the outside of the cardboard box (or the user can read the EULA in
any other way before the purchase), the EULA is not applicable. And when the
installation process completes only when you click on the "I agree" button,
then you can do this without legal consequences, your rights to use the
software are then determined by german copyright law, not by the EULA.
Ciao,
Richard
--
Dr. Richard W. Könning
Fujitsu Siemens Computers GmbH
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