EULA Problem

[JohnClark]

I do not agree with the EULA and would like to file within the 15 days for a refund. 3 days ago I filled out the support form and still have not received a response.

Please advise.

Update: It has been over 20 days and I have submitted the form 5 times and still not received a response.

[Ominous Gamer]

I do not agree with the ELUA and would like to file within the 15 days for a refund. 3 days ago I filled out the support form and still have not received a response.

Please advise.

Its the weekend so you won't get any response (if you get one at all) till Monday.
But I must ask, what part did you not agree with?

[JohnClark]

Several issues:

You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
I want to use a backup so I do not scratch my original BEFORE it becomes destroyed or defective.
You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession.
The current copy protection violates this statement and I am unable to copy the disc.
If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer.
I disagree with this statement in its principal. I want to use the software on my desktop and my laptop.Bottom line, the very first thing I did was try to make a copy so that I could keep the original safe, I could not.

Then I tried to install the game and ran into the agreement that would not allow me to play the game on my different computers and found out that I could only have a backup if it was destroyed.

[Baldurien]

Hey, Where did you get the EULA? In the French European version, the EULA does not spawn while installing. And I would like to add : You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession. If I'm not wrong, that's against French law, which allows us to backup such medium. But still, I can copy, violate the EULA as there is none on my copy... , because it does not spawn, so I suppose I should not care? :) I should take a video of the installation just for fun. If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer. Don't know how to understand it, because NWN2 is configured for loading with the DVD. So, you need it in order to play...

[damicatz]

In most jurisdictions, the EULA has about as much legal standing as a contract with a minor.

[Baldurien]

What I wonder is what value it has when the EULA is not shown while installing the game? I didn't click "I accept", I juste entered the cd key.

So : where is the EULA?

[JohnClark]

baldurien: In the documentation dir on the dvd there is a readme.rtf that has the elua at the end of the file.

damicatz: I don't care how enforceable it is, I do not agree with it and want Atari to honor it by following the second paragraph.

If you do not agree to the terms in this ELUA you may not install or use the Software and within 15 days of purchase you must contact Customer Support at atarisupport.com (http://www.ataricommunity.com/forums/atarisupport.com).

Which of course there is no direct link or instructions on how to contact them for this proceedure.

[surfengine]

What are your trying to say?
You bought software product.
Then decided you didnt agree with the rules of the software product and now want to return it to the store?

The store does not care about the EULA of some game.
It all depends on the stores return policy. Most stores wont allow returns of opened software.

If you are expecting a refund from Atari...I think you are SOL as well.

[JohnClark]

surfengine: do you understand the purpose of a ELUA? Atari must honor it for it to be valid.

I assume that you are not an idiot and do understand that the ELUA is not presented on the outside of the package and is only presented when you put the software on your computer.

The fact is that they have violated the ELUA by not letting me make a backup with the copy protection they used. I hope they do not violate it again by not refunding my money for a game I can not play because I do not agree with the ELUA.

[JohnClark]

This post was not supposed to start an arguement over the ELUA and if anyone agrees with it.

I am looking for information on the proper way to contact support in following the ELUA.

[Baldurien]

Hell :o you have the US version of NWN2? There are no such EULA in European version, I can't find it :/

[JohnClark]

Its been over 10 days now and still no response.

Does anyone know how to contact atari support? or if there is any way to at all?

[Ominous Gamer]

http://www.atari.com/us/support/newfaq/neverwinternights2.php?browser=1&pageDisplay=MAIN

that might help, just created today. 10 days late.:sour:

[JohnClark]

I don't think theres anything there about ELUA problems. :down:

I just send a 3rd message thru the email system.
Email Atari Technical Support (http://www.atari.com/us/support/supportemail/supportemail_form.php?productName=Neverwinter+Nights+2&osType=WINXP)

[surfengine]

So ... has this EULA scam ever worked for you before?
Let me know...theres a bunch of games I would like to return...

[JohnClark]

surfengine: What are you 3 years old? If you don't have anything productive to say then keep your snide comments to your self. I do not agree with the ELUA and if Atari wants the ELUA honored then they need to follow it also.

Status: Still no response from any support.

[NedMaxwell]

John, just wondering, why do you spell it ELUA?

What does ELUA stand for to you?

[JohnClark]

EULA sorry miss spelling :confused:

[NedMaxwell]

Ahhh.. I wondered if it was a misspelling but I saw that others who had posted here had spelled it right I thought maybe you had an alternate meaning for it.

I've wondered myself as to how a company would handle it for refunding you your money once you opened the package, went to install and did not agree with their license. Seems like they're got you over a barrel at that point. I like how some of these agreements say that they have sold you a product that they don't have to make function. Kind of defeats the purpose of selling you something if they can sell you something that never worked.

[Madwiz]

Sorry to hear about your problems. But common sense would tell me that 99.9% of games/software come with some sort of copy protection, and are you are paying for a single computer license when buying it, of course that doesn't mean the EULA police are going to kick your door in if you install it on more than one computer. I wish you luck.

MadWiZ

[JohnClark]

Madwiz that may be common sense for you. But common sense to me means I can do whatever I want with what I buy.

But as far as I am concerned the license agreement means nothing since they have not honored it.

I still have not got a response and I doubt I ever will.

[lestat8u2]

Madwiz that may be common sense for you. But common sense to me means I can do whatever I want with what I buy.

But as far as I am concerned the license agreement means nothing since they have not honored it.

I still have not got a response and I doubt I ever will.

So..instead of pissing on the general public for not being Atarti, and therefore not having an answer for you, just go install it on your computer and laptop and destress a bit. If you feel they are viloating the contract, I guess in your mind you would be a free man then. Life's full of chances. So take a risk and go have some fun, man.

[AbsynthMinded]

Here's how I got my money back from WalMart;

Bought game, tried to install, disk does not detect in any DVD drive I own.

At WalMart, exchanged game, went home to same results.

At Walmart, exchanged again, same thing

At WalMart, demanded money back, was refused due to policy. Explained to them that I would be happy to open and try to install every disk they have. They gave me my money instead.