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> There is no such thing as implicit licences at purchase time - that's why EULA and the likes of it are worth as much as toilet paper here.

But EULAs are not implicit, usually you have to explicitly agree to them before you can use the product?




Yes, but EU has also ruled that any post-purchase licence is not valid. At this point you already paid for the software, its use cannot be conditional on agreeing to a licence contained within. If it is for technical reasons(the software won't install without clicking agree) then the act of agreeing is meaningless in itself.


Even if you had to agree to the EULA before buying the product, it might still be invalid. There are laws in the EU limiting terms of service and similar non-negotiable pre-purchase contracts to unsurprising, expected-by-the-consumer, fair and equitable terms. Meaning that if there is a "buy" terminology used in the contract process, small-print cannot change that to "obtain a limited license", because that would be surprising and unfair.




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