Re: Latent product defect??
@MrDamage, every user has to accept the EULA before installing the software - even on a new machine, the EULA is shown and the user has to accept.
If they don't accept the EULA, they can take the software back and get a refund. Claiming that they hadn't read the EULA, when they have explicitly said that they have read and understood it won't stand up in court.
I agree, in Germany (for example), that would be hard to enforce, as it is what you have read before purchase that counts - that is why using an OS X CD on a non-Apple PC is legal; that restriction is only visible after you have paid for the product and opened the packaging.
It has also been proven in court, that for downloaded software, that the EULA must be read before installation begins, for it to be binding. Microsoft ensure that with, for example, the WIndows 10 upgrades that are downloaded, that you read the EULA before it attempts to write anything to disk.
It will depend very much on jurisdiction, whether the EULA being agreed to before the installation takes place, but after the purchase transaction has been completed, is binding or not.
Biting the hand that feeds IT
