A quick look at EULAs from other software publishers shows that some do disclaim damages for their own breach of the license agreement and some don't. Now, considering how one-sided software EULAs usually are, you might wonder what terms are in any of them that the software publisher could violate. But in the case of the Windows XP EULA, Microsoft promises not to collect personally identifiable information in the product activation process and not to share user information it collects with third parties. Could that be why Microsoft's lawyers decided it would be a good idea to be able to breach their own license agreements?
The real point here though is just how absurd it is talk about software EULAs as if they were real contracts. An agreement that one side can go back on at any time is no agreement at all. That is the real plain English message of the Windows XP EULA - if only a few more judges would get it.
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