OSNews

That's probably the worst part of an EULA: In most cases you can't agree or disagree with it until you've opened the box, put the disc in and started the installation. Let's say you don't agree with the EULA and you don't want it anymore. Now that you've opened it, try to get the retailer to let you do a return. Chances are the best you'll do is get a store credit, because nearly every retailer out there assumes you copied the software and are trying to scam them. Either way, the software maker already got their money from the retailer when he ordered a pallet of retail discs.

If it's a really difficult retailer and they will only let you exchange for the same title, you've just "licensed" software you will never be able to use. Sure, you could sell it on eBay...but wait! That means it's now treated like a physical purchase instead of a license. You don't have the authority to license it to the eBayer that buys it from you, so what kind of transaction is it now? Most EULAs provide for the end user to "transfer" the license one time. However, you never agreed to the EULA so you aren't the end user. You are at best a middleman, and you probably lost money on the deal to boot. Once again the EULA hurts someone and helps no one.

This is why I generally abhor EULAs and SLAs. Until software makers start printing the entire EULA verbatim on the box in a human readable font size, I will consider them a joke and irrelevant. I know, the court may see otherwise, but I don't care. I'll install Snow Leopard on my generic box if I want to, Apple's SLA be damned.