When I install software, I notice more often than not that the EULA says something to the effect of, “if you don’t agree to the terms, return everything that came in the software package and return it to the place you got it. The merchant will refund your money.”
Now, I’ve never known a merchant to do this. They say (IME) that they will only exchange opened software for other copies of the software and I’ve seen some people try to return software and being refused “as it’s their policy.” Granted, I don’t think that the returners are arguing that they disagree with the EULA, but I doubt that the retailer would acquiesce even if this were the case.
My question is: would the retailer be bound by the terms of the software it is selling, or would the store’s policy trump the EULA?
I think it would logically appear that the store’s policy trumps the EULA (as the store has no say in what goes into the EULA), but then again, I presume that the store has some degree of responsibility in respecting the manufacturer’s wishes (elsewise the manufacturer wouldn’t have allowed the retailer to sell the items).
Or, would I just email the manufacturer and say, “Best Buy said your EULA return policy can suck your dick, gimmie my money?”