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I think that it is a shame that people can't get a refund when software can't meet their needs.  With anything else if the product doesn't work as described you can bring it back, but once you open the seal of a software package you're screwed.

In general that's true, but Smith Micro is at least allowing refunds, even for digital downloads. I'd have no idea how many refunds they've made, but I know of at least one, posted by the guy here last week.