[BadVista Advocate] Question about Vista's EULA

[Timothy Musson]

Hi,

Here's Vista's EULA:

  http://download.microsoft.com/documents/useterms/Windows%20Vista_Ultimate_English_36d0fe99-75e4-4875-8153-889cf5105718.pdf

I think that's the license for retail boxes of Vista. It begins with the
following text:

  "By using the software, you accept these terms. If you do not accept
   them, do not use the software. Instead, return it to the retailer for
   a refund or credit. If you cannot obtain a refund there, contact
   Microsoft or the Microsoft affiliate serving your country for
   information about Microsoft's refund policies.
   See www.microsoft.com/worldwide."

Does anyone know if OEM versions (i.e., the Vista that comes
pre-installed on laptops) include that piece of text?

(In case it's relevant, I'm especially interested in Dell laptops and
IBM ThinkPads.)

So that was my question. In case you're interested, here's why I'm
asking:

I've decided to buy a laptop, but I have no intention of paying the
"Microsoft tax". Unfortunately, where I live (New Zealand), it's
impossible to buy a laptop without Windows pre-installed.

So it looks like my only option is to buy the laptop, then fight to get
a refund on Windows.

After reading about the experiences of other people, here's what I'm
thinking:

1) Let the retailer know I'm about to order a laptop, that I don't use
   or want Windows, and that I plan to ask for a refund as described in
   the EULA.

2) Switch the laptop on for the first time in the presence of a JP, and
   make a video or take photos, to verify that I don't agree to the
   EULA. Boot with a live CD and install GNU/Linux.

3) Ask the retailer for a refund on Windows - or, failing that, ask
   Microsoft for a refund on Windows.

4) Failing (3), try "Fair Go" (local 'consumer' advocacy TV programme)
   or small claims court.


If anyone has advice/suggestions, it'd be very welcome :^)

Thanks very much,

Tim
-- 
Timothy Musson                FSF Associate Member #1262
http://www.russsoc.org.nz/           http://www.fsf.org/