she does not have a vaild case.
the product can be returned if the user does not agree with the EULA, and i am fairly certain that all microsoft saleable products include a screen during setup which contains ONLY the EULA, and two buttons with 'I Agree' and 'I Do Not Agree'.
If the user clicks 'I Agree' in order to install the software, then it's their own stupid fault if they didn't fucking read it. and if they do not agree with the licence then they should not agree and they should not install the software.
It says everywhere in these licences that if you do not agree, you can return the product for a refund. if the 3rd party retailer does not accept it, you can send it directly to microsoft, if they will not refund you,
then you might have a case.
Why do US people sue each other so much over rubbish? (that was rhetorical)
(winXP EULA link - for reference)you will notice from the windows XP user agreement that by agreeing to the EULA for XP in the first place you actually lose most of your rights to just about everything. luckily the XP EULA is vague enough to make this case not entirely a foregone conclusion, but i think we can safely guess who can afford the better lawyer.
[ February 13, 2003: Message edited by: Calum: Member # 81 ]