Clip and save: redacted version of Windows Refund letter

see story

(updated 8 Nov. 2006 -- added public domain dedication for the text of the letter, by permission of the author, Dave Mitchell.)

XXXXXXXXXXXXXXX
XXXXXXXXX
XXXXXX
United Kingdom

Tuesday 31st October 2006

Refunds
Dell Products
PO Box 147, Dept 500
Milbanke House
Western Road
Bracknell
Berkshire
RG12 1RD

Invoice number: XXXXXXXXXX
Customer number: XXXXXXXXX
Order number: XXXXXXXXX
Tag number: XXXXXXX

Refund of Windows XP Home Edition Licence fee

Dear Sir or Madam,

I recently purchased a Dell Inspiron 640m laptop computer. Included in the delivered goods was a licence to run Windows XP home edition. During initial power-up of the laptop, I was asked whether I wished to accept the terms of this Windows licence; in particular, the end-user licence agreement (EULA) stated (my emphasis added):

YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA BY INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE. IF YOU DO NOT AGREE TO
THE TERMS OF THIS EULA, YOU MAY NOT USE OR
COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY
CONTACT MANUFACTURER FOR INSTRUCTIONS ON
RETURN OF THE UNUSED PRODUCT(S) FOR A
REFUND IN ACCORDANCE WITH MANUFACTURER'S
RETURN POLICIES.

I have not accepted the terms of this licence (I clicked No, I don't accept), and have subsequently erased Windows from my system's hard disk drive and installed the Linux operating system instead. In accordance with the terms above, I am now contacting you for instructions on how to return this software product for a refund.

I need to make it clear at this point that I do not wish to return the laptop, but just the windows licence. I have read your terms and conditions very carefully, and see nothing within them that would restrict my right to return just this part of the order.

Examining the PC World web site (31 October 2006, 9:40 pm), I see that Microsoft Windows XP Home Edition with SP2 is advertised at a retail price (inclusive of VAT) of £199.99. I shall take this figure as a reasonable first effort at determining a suitable refund value, although I would of course be open to revisions - based presumably on evidence of the ratio between the OEM price that Microsoft charge you, and the price they would charge you for a boxed copy of XP home.

If you feel that my analysis of your obligation to refund me is incorrect, please provide me with detailed reasons why in your reply.

I shall expect a reply within 14 days.

Yours faithfully,

XXXXXXXXXXXXXXXXX

Copyright-Only Dedication (based on United States law) or Public Domain Certification

The person or persons who have associated work with this document (the "Dedicator" or "Certifier") hereby either (a) certifies that, to the best of his knowledge, the work of authorship identified is in the public domain of the country from which the work is published, or (b) hereby dedicates whatever copyright the dedicators holds in the work of authorship identified below (the "Work") to the public domain. A certifier, moreover, dedicates any copyright interest he may have in the associated work, and for these purposes, is described as a "dedicator" below.

A certifier has taken reasonable steps to verify the copyright status of this work. Certifier recognizes that his good faith efforts may not shield him from liability if in fact the work certified is not in the public domain.

Dedicator makes this dedication for the benefit of the public at large and to the detriment of the Dedicator's heirs and successors. Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent, in the Work. Dedicator understands that such relinquishment of all rights includes the relinquishment of all rights to enforce (by lawsuit or otherwise) those copyrights in the Work.

Dedicator recognizes that, once placed in the public domain, the Work may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any purpose, commercial or non-commercial, and in any way, including by methods that have not yet been invented or conceived.