The difference between books and software is that when you purchase the item, the ownership of the physical material is transferred to you. In the case of a book, that includes all the print contained within. In the case of a CD, it includes the physical CD and any manuals and packaguing it's sold with. In neither case is ownership of the ideas, concepts or presentations within the material transferred. Copyright legislation accepts that it is impossible to stop you selling a book on, but at least (in practical terms) you can only sell it to one person; it is easy with software to pass it to many people, which is why software publishers are so sensitive.
Nevertheless, as condition 3.4 in OAT's EULA above makes clear, your statutory rights are not affected by anything contained within a EULA. Software publishers (including OATmedia) just hope that you never make the effort to find out what your statutory rights are!
A person on the flyer forums is requesting assistance in getting hold of a replacement for one of the CDs that has become damaged and will no longer run the software. By my reckoning since the CD is his property and its now damaged but his license to use the software should remain intact he should be able to pay a small fee to cover the cost of posting and packing a replacement CD and perhaps the cost of the CD but should not be charged for a new license for the software (which is mostly what you pay for when you buy these CDs). However it appears that he is being refused a replacement unless he pays for the license again. As far as I am aware not even the notorious Microsoft would take this stance, you CAN get replacements for damaged MS CDs so long as you can prove license to use the software
The contract here is between the buyer and the retailer, not the publisher. It's up to the retailer to replace the CD-ROM at reasonable cost, though they can legitimately insist on the return of the original, damaged disks. There is no requirement to purchase a new licence unless the material contained on the CD has substantially changed.
Scroggs