Like if you don't even open it? Isn't the license shit only in the software when you start it up? Or do they ask for your social and link it to the box? The for sure want to.
Great article, very informative. So apparently you can always buy a box and give it back as is--though stores selling them were typically reluctant to provide refunds in general. Except with the shrink-wrap license: provided the shrink-wrap is intact, by all means you can return the box. That clarifies many things.
Not excusing either party, just pointing out it's not that uncommon in high-end corporate software.
You're not buying a thing in a box, you're buying a license with associated terms. Which may include prohibiting resale.
If the US had credible anti-trust laws this kind of thing would be taken apart in court. But it doesn't, so here we are.