A few years ago I had bought a copy of Unreal Tournament 2003 and tried to install it on my machine. I found that the second disk would cause errors and the install would abort. I quickly found out more about EULA logic:
1) Retail stores are not required to (and usually do not) accept open-box software returns
2) In order to actually read the EULA, you must open the software box
3) You must accept the EULA to use the software
4) If you do not agree to the EULA, you are instructed to promptly return the software to the store
5) See 1
So what I did was take the game back to the store and got another. Unfortunately, the same thing happened. I did this four times before figuring out that the whole batch at Best Buy was bad as others were returning the game for the same problems. I guess it’s a good thing that I had kept all four CD keys to get my money’s worth. I then proceeded to download Unreal Tournament 2003 via usenet since my legit (but broken) copy wasn’t working and Best Buy couldn’t give me any kind of answer on when they would get another shipment of Unreal Tournament 2003 games.
The overall point is that while I understand they don’t want people to pirate their software, software manufacturers better make sure that what they’re putting out isn’t flawed since we can’t get a cash refund if we’re completely dissatisfied with the product. They sort of have us over a barrel so to speak. So if you ever run in to a piece of software that you’re completely dissatisfied with, or the software is broken out of the box, one could continue to return it until they’ve cleared the store’s shelves of that particular piece of software. Exchange the boxed software for a new one explaining the defect, take it out to the parking lot, unwrap the software, and take it right back in to the store for another exchange. I bet software manufacturers that require keys for activation never thought about this workaround…you know, if one should happen to write down each CD key before they return the package. Think of it as a peaceful protest as you should be able to return the software if it is defective and the software manufacturers should not automatically assume that everyone are pirates. Especially since you could just run home and burn multiple copies of the software for your friends anyways. What is this non-returnable software mentality really preventing?
Yet another reason to stick with open source products whenever possible.