content: Because you agreed. It's their software, not the public's. You don't have to agree, but then you cannot use their software. Now, to be clear, you can sue anybody for anything. BUT, there are a bunch of caveats. Number one being that Microsoft will pull out the agreement, and the fact you have to accept to use the software, and the court will say, "Well, you agreed." And your case will be dismissed, and you might owe MS attorneys fees depending on the state and the judge.