FWIW, As a lawyer, I have a lot of trouble believing that assent to a contract you can't avoid, done specifically for the purpose of removing the contracted software, would ever be held to bind you to the terms and conditions of that contract.
In fact, i'd go so far as to say that if Microsoft ever actually tried to enforce, it would run them into serious regulatory trouble.
If push came to shove, i'm sure they would take the position that this was a hardware issue, and not their legal intention.
(I completely agree this is a ridiculous situation, and you shouldn't have to agree to anything. But it actually makes for great facts to fight a clickwrap fight on)
In fact, i'd go so far as to say that if Microsoft ever actually tried to enforce, it would run them into serious regulatory trouble.
If push came to shove, i'm sure they would take the position that this was a hardware issue, and not their legal intention.
(I completely agree this is a ridiculous situation, and you shouldn't have to agree to anything. But it actually makes for great facts to fight a clickwrap fight on)