Someone earlier mentioned that a person could likely take the opened copy to an Apple retail store and try to get a refund. That's what sparked the issue regarding whether that is the case or not.
OK point taken, I must have missed that one. Lets strike it because its silly anyway.
As I mentioned before, I have not yet had a chance to contact Apple Corporate or Apple Legal regarding the EULA return policy. That's something I'll probably do Thursday (seeing as how they're likely closed tomorrow).
Why would they be closed on Wednesday? Most corporate offices are still open in most holidays. Government buildings are a different story but I doubt any of us is gonna argue that 1 Infinite Loop counts as one!
However, having the SLAs online doesn't help much per-say if a user is in a store and trying to decide whether or not to purchase Snow Leopard. Granted, many stores now have some form of limited internet access available (plus the fact that the user may have a smartphone), so they can potentially access and read the SLA online before purchasing. But realistically, would the average Mac user truly think to read an SLA online before walking into a store and picking up the copy? (Granted, I doubt any of them would decide not to accept the EULA and return it anyway

).
You can see the SLA at any point - before or after the purchase. It doesn’t matter. Your concern with a retailer is following their return policies - If they aren’t in partnership with Apple regarding their return policies (which most are not) its buyer beware. Apple clearly says on their box that usage of the software is subject to license agreements. You never have to break any seal to get access to that license. YOu can buy it, check the license online, say “no way” and return it wherever you got it. One can reasonably argue that you breaking the seal is not Apple’s fault in any way since that is an action independent of buying the box and licensing the software - they are two distinct actions.
Oh, and at least according to the Tempe Baseline Fry's Electronics, they are an Apple Authorized Reseller. The guy I spoke to (I requested and was transferred to a worker who supposedly works in the Apple department, but obviously that's not definitive) also stated that I could not return OS X once opened. I informed him that according to Apple, I had that right, but to that he said as far as he knew, store policy has the top precedent. As I mentioned though, that's far from definitive.
That may be - that information was cited by BaldiMac and I was quoting him - I couldn’t find anything to back him up. But again, the retailer is probably gonna argue legitimately that you have access to the license independently of the purchase which is stated on the product.
No where did I say that I expected Apple to accept them. In fact, my viewpoint has continuously been the opposite.
If that was the case than I misunderstood and I apologize.
And this is honestly no offense intended, but your arguments earlier pretty much resorted to "Apple's EULA says so, therefor it must be true.”
My understanding of contract law is this: Until it gets voided by a court, it is considered valid and binding if you accept it. That’s the basis I go by. Right now - Apple’s license has yet to be voided and nobody but a court of law can decide otherwise. Hergo it is valid.
However, once again, one of my questions very early on, that nobody actually answered, was which one supersedes the other: the store's return policy, or Apple's EULA statement (authorized reseller or not).
Must have missed it. My answer is: it depends. Honestly. I consider the sale of the box and the licensing to be to independent actions. Unless you get the box from Apple directly, the guy selling you the box has no say whatsoever to the licensing portion and therefore their actions regarding returns can very well go against the licensing. Apple cannot dictate how the box gets sold everywhere. That goes for all software companies - and nobody has brought this kind of problem before.
And regarding someone claiming to be a lawyer, no offense to anyone who actually is, but I've seen everything when it comes to the internet, and so when someone claims to be something, I usually take it with a grain of salt.
The guy I was talking about is named Matticus - the guy knows his stuff based on what he posted - read his postings if you want proof - but I have been following these discussions for a looong time - check my posting history and see where I have commented and who I have replied to - my feelings are really clear - you will have to go outside of this thread. My lazyness makes me unable to dig up my prior postings I have done months ago.
I'm sorry, but there are fanboys here. Obviously, it's a Mac site. The problem is, there are plenty of people here who *always* believe Apple is in the right, even when it's obvious Apple has made a bad decision.
Sorry, that doesn’t mean that you dismiss critics and throw around the fanboy term. That is just stooping down to their level. You don’t agree with something, its much better to ignore it and move on. Makes you look a lot better.
ETA: If you do not wish to engage in further discussion with me for whatever reason you choose if you do not wish to, simply ignore me and move on. I do not wish to get into a debate that goes nowhere because I cannot get my point across regardless of if the fault is mine or not. I am giving you an out because I feel that I have said what I thought and I am not going to change my mind. My conclusions are based on tons of prior discussion and frankly, people are doing a much better job at this than I am. I personally feel that retail store policies are not pertinent to the licensing terms of Apple’s software. I am sticking by that because I can find no law that says that retailers have to return open software. My guess is that they don’t. Apple provides a copy of the license and that in my mind is sufficient. The software license industry still operates when this is the norm. I see no need to debate this further. I do not wish to make enemies with anyone so I humbly offer the chance to agree to disagree should you wish to see things as such.