Amusing bits of the Windows 8 EULA

"Misunderstandings and neglect create more confusion in this world than trickery and malice. At any rate, the last two are certainly much less frequent." - Johann Wolfgang von Goethe

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"Please read this so you know what you're agreeing to...

The Additional Terms contain a binding arbitration clause and class action waiver. If you live in the United States, these affect your rights to resolve a dispute with Microsoft, and you should read them carefully...

You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Microsoft may commence arbitration...

If you and Microsoft do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award...

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Microsoft will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings...

Microsoft excludes all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement"


Apparently the "no class action suit" clause began with Xbox 360 in late 2011. I'd have thought they'd have tried to add it in earlier.

I'm assuming the implied warranty clause is to guard against their own marketing.