I just purchased a vacuum cleaner and upon opening the box, there was a loose sheet of paper with a licensing agreement. The agreement said that using the product constituted acceptance of the agreement and that if I did not accept the agreement, I had to return or destroy the product. No explicit, active action was required to accept the agreement in order to use the product. My primary question is whether an agreement presented in this format is binding in the United States.
I have a secondary question regarding this agreement. It placed restrictions on how the product could be used and on transferring the product to another party. Does the United States allow such restrictions on physical products such as vacuum cleaners or do purchasers automatically have the right to freely use and transfer products in accordance with the law?