And quite simply, being an uninformed buyer (actually ignorant) does
not excuse the buyer of their responsibility for it.
The buyer is being responsible in looking on the package for
the EULA.
You still don't get it. The buyer is only ignorant because
of MS' neglecting to disclose terms. MS has hidden the
terms and should be forthcoming. You try to shift blame
when I already stated an obvious solution- a packaging that
discloses the terms.
The buyer IS excused. If they weren't, then WHY does MS
still have that part where you read the EULA and click
"agree"? That in itself is evidence that the buyer is
excused because they were NOT agreeing to the EULA at the
point, time of purchase.
They didn't have to
purchase a Windows bundles PC, but they agreed to it.
No, you have no precedent, no reason to believe this is
true. You are essentially "pulling it out of your arse"
when you claim they have "agreed to it".
Make it a scientific study- go to stores and find people
buying windows. Don't try to taint the results by crafted
dialog, simply ask the purchaser what directly relates to
your statement and nothing more: "Did you already agree to
the EULA?".
To think that someone has agreed to [unknown terms they
can't review at time of fulfilling their end of the
agreement nor can be verified with certainty to apply to
that specific license] is ludicrous. You can claim it as
much as you want and it's still not true.