IANAL, but it seems that the EULA would not be binding if the purchasor has not 
opportunity to view it before the sale takes place.

Quoting Chris Hellyar <[EMAIL PROTECTED]>:

> Just an aside to this.. Just looking at an XP OEM package that I have
> here..
> 
> It doesn't mention anywhere on the package, or in the rather scant
> manual
> that you may return the product for a refund. Also, the manufacturer
> is
> 'required' to put the COA sticker on the PC, which is not removable,
> rendering the product not resalable I suspect.
> 
> Looks like the 'I don't agree and return it' option isn't an option
> any
> more.
> 
> Also, the EULA is not on the package, or in the manual..
> 
> It says the EULA is either found on the package, or online in the
> software
> product. and 'By using the software product you indicate that you have
> read
> and accepted the terms of the EULA'.
> 
> So, you need to read the EULA to decide if you want to use the product,
> but
> you can't read the EULA without installing it.. Very interesting!
> 
> Cheers, Chris Hellyar.
> 
> Selwyn District Council
> Phones: X 831 (03)324 5831 (021) 350 603
> <This message has not been inspected by the Chief Censors office>
> 
> 
> -----Original Message-----
> From: Julian Carver [mailto:[EMAIL PROTECTED]]
> Sent: Friday, 10 May 2002 11:20 a.m.
> To: [EMAIL PROTECTED]
> Subject: licentiousness
> 
> 
> Folks,
> 
> We're just in the process of buying some new hardware. The people we're
> 
> using have advocated Compaq gear, and we're keen to go with what they're
> 
> offering. We're intending to use Red Hat on the server, desktop &
> laptop.
> 
> The problem is that on the laptop & desktop lines they can't unbundle 
> the Windows OS, and there's no way we can prevent money going to 
> Microsoft. This just isn't acceptable to me.
> 
> Has anyone else come up against this? What vendors are there that are 
> free of this lockin?
> 
> Julian
> 
> --------------------------------------------------- -
> Seradigm - Knowledge Management
> Julian Carver [EMAIL PROTECTED]
> ph (03) 332 2147 cell 021 684 147 www.seradigm.com
> ----------------------------------------------------
>  
> 
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> 
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