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Returning Opened Software

By Ed Foster, Section The Gripelog
Posted on Tue Dec 07, 2004 at 12:13:45 AM PDT

Software license agreements have always presented an odd conundrum. Most EULAs say that, if you do not agree with all the terms, you must return the software to where you purchased it for a refund. But most stores, online as well as brick-and-mortar, have a return policy to the effect that "Opened software will only be exchanged for the same title." So can you return opened software or can't you?


Well, at least sometimes you can. "I recently purchased a copy of Scansoft's PDF Converter from CompUSA," one reader recently wrote. "Opening the shrinkwrap at home, I found that it requires product activation, something not disclosed anywhere on the box but only on the installer click-thru window. I did not install the product but returned it to CompUSA, fully expecting to have a problem due to the CD envelope having been opened. After informing the clerk that I was returning the product due to an unacceptable license clause, I was pleasantly surprised to have the purchase price immediately refunded. Good for CompUSA, and a big fat raspberry to Scansoft!"

As indicated by that reader's pleasant surprise, such responses have not generally been the norm at CompUSA or elsewhere. "After reading some of the EULAs you find out that you have spent a small fortune and if it doesn't work, or doesn't deliver the results the sales people told you to expect, that they are not responsible," another reader wrote. "At a consumer level this is a real problem, since many places that sell software will not refund your purchase once the package is opened. I have had this happen several times and I no longer do business with Best Buy or CompUSA because of it. I had spent well over ten grand at CompUSA within the previous year and they refused to refund my money on a $75 piece of software. They would exchange it for the same software but would not refund it or offer any other kind of credit."

Even when the EULA specifically gives the customer the right to return the software for any reason, retailers will often stick by their own no-software-returns policy. "I didn't see your article until after I bought Quicken 2005," wrote one reader about Intuit dropping .QIF import support for on-line banking (see "Intuit Pits Its Customers Against Its Partners"). "When my bank said it is not supporting Quicken, I took the package back to the store the very next week. The Staples manager refused to give me a refund, even when I showed him the 60-day 'Satisfaction Guarantee' in the Quicken license agreement. The receipt says you can't return open software -- that's my 'license' with Staples, he said. Quicken has nothing to do with it!"

So can you return opened software, and whose rules apply? The software publisher's EULA? The return policy the retailer prints on the receipt or posts on its website? Or is it just possible that consumers are supposed to have a little protection under the law in these circumstances? Those are questions we'll be exploring in some upcoming stories, and I think you'll find the answers interesting.

In the meantime, let's hear about your experiences with trying to return opened software. Post your comments below and see what your fellow readers have to say, or write me directly at Foster@gripe2ed.com.

< Symantec Symptoms | ISPs and Denial >


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Returning Opened Software | 86 comments (86 topical) | Post A Comment
Having their cake, eating it, then stealing mine.[ Reply to This ] (none / 0) (#1)
by Anonymous User on Tue Dec 07, 2004 at 12:43:38 AM PDT

The (extreme) irony here is that they're abusing us with Product Activation - which in theory should stop customers from abusing their return privelidges, and sticking us with crap software we can't return.

The funny thing is, I remember working at Egghead Software "back in the day" when we had an almost Nordstrom-like return policy - as long as we had all of the materials, the receipt, and less than 30 days from purchase you got your money back with little hassle. Of course, there was a very small number of people that abused the system - we would invite them to shop someplace else.

Believe it or not, the vast majority of people are honest. There are enough theives out there to allow software publishers to claim some legitimate losses to copyright infringement, but they use that tiny minority as an excuse to abuse the rest of us. And the horrible irony is that they only prevent the most casual infringement. A few minutes on the Internet can provide keygens and cracks for just about any application.

Software companies, like the record labels and movie studios, are chasing phantom profits and in the process alienating their paying customer base. News flash - the vast majority of people who "steal" their products would never pay for them in the first place, either because they can't afford it, or they just don't need it that badly. In any situation where you have to deal with other people (for instance, life), people are going to occasionally rip you off. That's no excuse to go around being an asshole to everyone.

[ Reply to This ]


Touche![ Parent | Reply to This ] (none / 0) (#4)
by McShaken on Tue Dec 07, 2004 at 11:14:24 AM PDT

You sum it up nicely. It's sad to see these industries abuse the customers that put food on their tables. They cry over lost (phantom) sales but don't address how they pickpocket legitimate customers. When you think about it, they steal from paying customers if the customer has no way of returning a product that doesn't work as advertised (or has restrictions that aren't disclosed on the box). Who's looking out for the customers? Why is this being allow to happen?

[ Parent | Reply to This ]


yes[ Parent | Reply to This ] (none / 0) (#44)
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1 video software[ Parent | Reply to This ] (none / 0) (#47)
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doutei[ Parent | Reply to This ] (none / 0) (#50)
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[ Parent | Reply to This ]


Well Put![ Parent | Reply to This ] (none / 0) (#18)
by Anonymous User on Mon Dec 13, 2004 at 09:58:20 AM PDT

Well Put! As you said, most people are honest. But with all the crap these software manufacturers are trying to get away with it makes honest individuals them think long and hard about being legit Vs pirateware; Not having to spend their hard earned money having to deal or waste time with EULA bullshit and crapware.

[ Parent | Reply to This ]


wholesale jewelry[ Parent | Reply to This ] (none / 0) (#80)
by Anonymous User on Wed Nov 05, 2008 at 07:20:12 PM PDT

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Try small claims court[ Reply to This ] (none / 0) (#2)
by Anonymous User on Tue Dec 07, 2004 at 11:07:37 AM PDT

This will begin to get the attention of the stores and the software publishers after they lose in small claims court a few times.

[ Reply to This ]


small claims court[ Parent | Reply to This ] (none / 0) (#13)
by Anonymous User on Wed Dec 08, 2004 at 07:58:34 AM PDT

Aside from the aggravation, it will probably cost more to file a claim (about $75-100 in FL where I live) than the software is worth.

[ Parent | Reply to This ]


re: small claims court[ Parent | Reply to This ] (none / 0) (#14)
by Anonymous User on Wed Dec 08, 2004 at 09:56:55 AM PDT

But unless your local courts run under radically different rules from the ones I know, you should get that back plus any other incidental costs if the ruling is in your favor.

[ Parent | Reply to This ]


Returning opened software[ Reply to This ] (none / 0) (#3)
by Anonymous User on Tue Dec 07, 2004 at 11:13:25 AM PDT

How about this - go ahead and exchange the opened software for another copy of the same program. Then come back a couple of days later and get a refund on your now unopend software...

[ Reply to This ]


Not so fast...[ Parent | Reply to This ] (none / 0) (#11)
by Anonymous User on Tue Dec 07, 2004 at 02:18:33 PM PDT

When returning anything with an "opened items will only be exchanged for like items policy", (software, CDs, or DVDs), the store clerk "opens" the package.

[ Parent | Reply to This ]


RE: Returning opened software[ Parent | Reply to This ] (none / 0) (#19)
by Anonymous User on Mon Dec 13, 2004 at 10:19:18 AM PDT

What about returning the bad/buggy software for another copy of the same program, and then returning it again?  

What happens if you go through every copy of SuckerSoft eulaPRO 2004 in the store?  

"Nope, this copy didn't work either.  Oh, that's the last copy?  Well, what will you replace it with, then?"

If nothing else, it will help keep the crudware off someone else's computer.

What do you think?

[ Parent | Reply to This ]



An alternate approach[ Reply to This ] (none / 0) (#5)
by Anonymous User on Tue Dec 07, 2004 at 11:18:31 AM PDT

Since so many retail stores have this moronic open-box policy, has anyone tried contacting the software manufacturer for a refund? After all, the EULA applies to the buyer and manufacturer, not the seller. If you send the software and receipt to the manufacturer, they should be responsible for refunding your money (good luck getting a refund on the return shipping, though...).

[ Reply to This ]


I've wondered...[ Parent | Reply to This ] (none / 0) (#9)
by Anonymous User on Tue Dec 07, 2004 at 12:22:06 PM PDT

I've wondered why, since we are supposedly purchasing licenses to use the software and not the software itself, do we physically need to return the software anyway? It seems to me, if the software companies want to enforce activation policies, all that we should need to do is request that our activation be revoked within the guarantee period and our money would be refunded. I certainly don't expect to "return" software I have purchased and downloaded from the Internet?

[ Parent | Reply to This ]


re: morinic policy[ Parent | Reply to This ] (none / 0) (#12)
by blitz on Tue Dec 07, 2004 at 10:41:31 PM PDT

it's only moronic when they don't enforce it. if you don't want open box fees, shop at fry's. chances are you will end up with a product that was rented by a few others before you.

[ Parent | Reply to This ]


Norton AntiVirus[ Reply to This ] (none / 0) (#6)
by Anonymous User on Tue Dec 07, 2004 at 11:18:38 AM PDT

A couple of years ago I purchased Norton AntiVirus, but it would not install and run on my computer. They have a 30 day money-back guarantee, so I contacted Norton. I sent them the sales receipt, they sent me a check. They didn't make me go through the hassle of shipping the box to them, they just wanted the receipt.

I guess the lesson here is that if the software vendor offers a "satisfaction guarantee", then don't take the software back to the store, contact the vendor directly.

[ Reply to This ]


Norton Ghost[ Parent | Reply to This ] (none / 0) (#10)
by Anonymous User on Tue Dec 07, 2004 at 12:40:52 PM PDT

I recently tried to retun Norton Ghost. I had the exact opposite experience. The license agreement explicitly said that the software had to be returned to the vendor for a refund. Fortunately I was able to convince the retailer into accepting the return for in store credit.

[ Parent | Reply to This ]


Returning to the vendor[ Parent | Reply to This ] (none / 0) (#24)
by Anonymous User on Tue Dec 14, 2004 at 03:26:41 PM PDT

That works, IF you can get to the vendor and IF they will cooperate. My experience is that there are well-known vendors who will put you in the queue for an hour or more before talking with you. Then, they will deny that it is their problem and point you to someone else. Their hope is that you eventually give up.

[ Parent | Reply to This ]


yes[ Parent | Reply to This ] (none / 0) (#45)
by maderikapapa on Fri Jun 27, 2008 at 08:44:20 PM PDT

出会い出会い系サイト出会い喫茶出会い掲示板ナンパ出会いカフェ人妻出会い無 009;系サイト優良出会い系攻略 完全無料。アダルトビデオアダルト動画アダルトアニメアダルト画像アダル 488;サイト無料DVDアダルト風俗サンプル無料風俗優良アダルトサイト比較海 806;。人妻画像人妻パラダイス知合い人妻援護会人妻コレクション風 439;告白。熟女画像東京熟女掲示板動画熟女ビデオおまんこオナニーエロ画像エロフラッシュアニメ 456;ロ動画エロゲームエロ漫画無料エロサイト。エッチ画像エッチ動画エッチ小説写真エッチ 450;ニメエッチ0930。セックスアナルセックス画像セックス動画セックスフレンドスワッピングSEX写真セックスボランティセ 483;クス体位東京セックス仕方 SEX。おっぱい画像おっぱい村長おっぱい楽園掲示板お 387;ぱい命おっぱいゲーム。巨乳動画巨乳画像アイドル巨乳 522;示板風俗。セフレ募集セフレ掲示板セフレ画像掲示板セフレの作り方出会い無料素人セフレ。童貞狩りエロ漫画童貞狩り童貞喪失童貞オークション素人童貞逆援不倫パートナー不倫出会い人妻不倫不倫を楽しみたい方にはお薦め 154;妻画像など満載出会いサイトを楽しむならココ無料出会いで一緒に遊ぼう出会いはLOVEアゲインで決まり

[ Parent | Reply to This ]


fvbh[ Parent | Reply to This ] (none / 0) (#52)
by Anonymous User on Wed Oct 22, 2008 at 01:45:02 AM PDT

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[ Parent | Reply to This ]


fgbb[ Parent | Reply to This ] (none / 0) (#54)
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[ Parent | Reply to This ]


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