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Sumaiya Khatun
Apr 03, 2022
In General Discussion
The thesis put forward by HP during the trial was based on the existence of a Email List technological link as well as a negotiation between hardware and software. In this regard, the Court, on the other hand, argued that " hardware and software are two Email List distinct and structurally separable assets " and that there is no connection between the sales contract for the product as a whole (hardware and software) and the license to use the Microsoft operating Email List system. Negotiation but only commercial policies Email List aimed at the " forced diffusion of software in large hardware distribution" . In bundling hardware and software, the user is asked to enter into two different contracts. The purchase of the product, Email List according to the Court, does not imply an obligation on the part of the user to accept the pre-installed Email List software: if the user does not accept the conditions of the license of use, or does not sign the contract. The effect will only affect and exclusively " on the Email List contract within which that declaration of intent was raised: that is, the license for use ". But who is responsible for the refund? The software house or the hardware manufacturer? The Court of Cassation, Email List interpreting the express provisions of the OEM license, identified the consumer's contractual Email List counterpart in the hardware manufacturer, stating that
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Sumaiya Khatun
Feb 28, 2022
In General Discussion
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Sumaiya Khatun

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