Refund from who? Retailers will tell you they have posted signs everywhere they don't refund open box CDs/DVDs/software. Some even make you sign that statement when you make a purchase. Manufacturer (software author) will tell you they didn't perform any business transaction with you and don't owe you anything. If the post-sale single-sided "we'll take your firstborn son" click-through EULAs are legally binding contracts, you - the consumer - don't have many options besides not buying software (or any products containing software) which is known to have an EULA.
Moreover, after this ruling, if you buy such software, agree to the EULA (because otherwise it's a shiny coaster), and you find the product doesn't meet your needs or expectations, you can't even delete it from your device and give/sell it to your friend or neighbor because the court says the EULA has turned you into a "licensee," and the transaction formerly known as "sale" has been negated and overridden by such EULA.
In fact, let's go one step further - I'd like to see these types of licenses on books, periodicals, DVDs, etc. where you agree to the EULA when you tear it open; and as soon as you do that the first sale doctrine goes out the window. I'd also like to see how libraries will be "licensed" books at a different rate than the retail price because the library license would allow multiple viewings. In fact, you could even charge a nominal monthly licensing fee to the libraries.
If you go even one step further, you could sell cars with software EULAs; so that you can't sell your car because your car contains critical software to which you are just a "licensee" and since you can't transfer the car ownership without transferring the software you can't do it at all - or we'll take the standard 30% cut on approved sales, thank you! Come to think of it, most electronic products have some sort of software in them (TVs, DVD/Bluray players, microwave ovens, telephones, alarm clocks, air conditioners, etc., etc.). Wouldn't all manufacturers like to have a choke hold on second hand sales? Sure, just claim it in your software license!