It doesn't matter what the law says regarding false advertising when it comes to software. If you choose to forfeit your rights to litigation, you have no standing against the company.
And that's what every software company has... an End Use License Agreement. These are powerful documents that everyone agrees to,
First, EULA does not forfeit your rights and does not override national law.
Second, you're not legally bound to a contract unless you've actually signed it.
Not true. Being forced to click a button that says "I agree" is the exact same as signing a contract, and makes any EULA a legally binding agreement.
A particular point of note:
Further, in ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an "I Agree" button in order to install the software. In Specht v. Netscape Communications Corp., however, the licensee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable.
Pretty much every software company forces you to accept the terms of their EULA before granting you access to the software. This makes their EULA a legally binding contract in most states.
Most EULAs have sections that cover things like modifications to the software by the developer, which means they can add or remove anything they want, when they want. They also include denial of service clauses, which is to say, they're allowed to remove your access to the service without granting you a refund for that service (this allows them to permanently ban players from a game they paid to play). And most EULAs WILL effectively limit your rights by having you agree that to their refund policies (which usually means that you agree that they can choose whether or not to provide you with a refund at their discretion... which they usually will choose not to).
By you agreeing that the company can do as they wish... you are effectively forfeiting your rights to take action against that company. Which is why so many class action lawsuits against such companies with such agreements are dismissed. Because the company has created a situation where they have control of everything, and can do as they wish.
The only true choice you have is not to purchase the game in the first place.
I suggest everyone in this thread actually READ the license agreement that we ALL agreed to when installing Diablo 3...http://us.blizzard.com/en-us/company/legal/d3_eula.html
Particularly the part that at the beginning regarding refunds.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY CALL (800) 757-7707 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.
If you agreed to the terms set forth in the agreement (which you did if you played the game) then you have no legal standing to request a refund.
There's NOTHING you can do. It sucks... but that's the way it is.