Yes, and every EULA contains a disclaimer against Implied Warranties.
The only way that works is if you live in a state (or whatever, if not in the US) that disallows Implied Warranty disclaimers.
That said I have forced returns on particulalry bad/broken game software despite company policies and disclaimers by engaging the local state Attorney General. If you're dead set on returning a broken game and willing to put in the time, there's usually a way.
JD
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