Vista refund?

  helen. 17:55 21 Jul 2008

Have you bought a new computer with Vista loaded and not agreed to the EULA. Then you may be able to get a refund.

click here

  Forum Editor 18:16 21 Jul 2008

but in a slightly different way, and I've raised the subject with Microsoft in the past.
At that time my point was about Microsoft software that was bought in a retail outlet, or online. My approach was that if you buy, say a copy of Vista you can't read the EULA terms until you've opened the pack, and once you've opened a software pack you won't get a refund from the retailer unless you can prove there's something wrong, either with the software itself (not fit for purpose), or physically, with the CD or DVD - a crack for instance.

I wanted Microsoft to print the bare bones of the EULA - the essential points if you like - on the back or side of the pack, with a prominent note along the lines of "opening this pack implies your acceptance of our copyright licence terms, the basics of which are as follows - do not open the pack if you feel unable to accept the terms. A full copy of the licence terms can be read at".. followed by a website address.

I'm still waiting for that to happen.

We're talking about copmputers with preinstalled OEM software here, however, and the fact is, you have to have an operating system of some kind on your computer. If you don't want it to be Vista you could always ask the supplier to send you one with a bare hard drive - then you could install whatever you like. The problem with that is, the supplier won't be able to run the machine on test before delivery, and your subsequent installation of an operating system might reveal hardware incompatibilities which the vendor wouldn't assume responsibility for - all kinds of possible problems spring to mind.

If you want a refund because you don't accept the Microsoft EULA you can always try getting one, but Microsoft tells me that you must approach the vendor - that's who your contract of sale is with, it's not with Microsoft. The Microsoft EULA is available for viewing on their website, and anyone who feels that way inclined could read it before buying a computer. The EULA is a copyright licence, it's not a contract. Your purchase of the machine will certainly have included the cost of the OEM copy of Vista, but that won't be the same as the full retail cost - vendors have special OEM terms with Microsoft.

I'm not taking sides on this - anyone who wants to have a try at getting a refund must make his/her own decision about it. Frankly, my view is that life's too short to start faffing around in this way, but each to his/her own.

  day2strike 19:16 21 Jul 2008

Why buy a pc with Micosoft Vista on it if your not going to agree to the EULA?????

  Monument 21:02 21 Jul 2008

because you don't have the chance to buy the laptop of your choice without having Vista on it.

  tasslehoff burrfoot 23:13 21 Jul 2008

"because you don't have the chance to buy the laptop of your choice without having Vista on it."

I really don't know, but can you not easily get laptops with no OS on?

As an aside: Am I the only person who thinks the most newsworthy bit is that somebody actually read the EULA :p

  namtas 23:22 21 Jul 2008

I don't think for one minute he actually read the EULA he just read the label that popped up saying if you don't agree......... which is what he did.

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