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archiesteel: The point is moot, however, as it's not that EULAs are legally binding in the first place

Deletomn: I haven't read it myself. But from my understanding, it makes EULAs valid in certain areas of the world.

archiesteel: Correction: it means that EULAs would be considered valid in certain American states. UCITA laws are american laws, and most state have not adopted them.

Yes, that is a most important distinction considering the states of the USA aren't in the world. What you stated is not a correction. What I stated was a correction. The fact is... In some places on the earth (I am not aware of how many) EULAs are legal despite what you say. I only need one example to prove that, which I provided.


archiesteel: And saying that other EULAs are "similar" has absolutely no legal meaning whatsoever.

My point is, you know what to expect to start with. You cannot say that for many laws which you are required to follow. Or contracts which you will be required to sign and follow. Or verbal agreements which you will be expected to follow. Etc... In other words... With most software packages, you already know what is expected of you, before you even pay for it. As long as the EULA does not deviate from the norm, you already should know the terms by heart. (And some do and some don't.)

As a result, claiming you "don't know what it says" isn't really much of an excuse for many programs. In fact, for some of them, it's down right nonsense.


archiesteel: The only EULA that counts is the one for the software I just bought, and if I can't get a refund ater reading the EULA (which is usually the case with opened boxes)

Yes and no. As I already mentioned in one other post. Some EULAs give you the right to return the software to the store or to the manufacturer within a certain time frame, if you do not agree to the EULA.

As for stores frequently not accepting returns. This is definitely a valid concern. However, you can thank pirates for this, since a number of them have a tendency to buy a program, copy it, and then return it. I am not saying that this justifies not accepting returns, but it does happen (I personally know people who do this when given the opportunity) and this is the excuse a number of stores use.

Also... Even if the store itself does not accept returns, you can contact the manufacturer and see if they will. (And a number of them are supposed to.)