If your local law allows you to recover damages from Microsoft even though this agreement does not, you cannot recover more than you paid for the software (or up to $50 USD if you acquired the software for no charge).
From country where I come from (Slovenia) I have checked and i can confirm that software is #1 product that is least regulated product. One is by law unable to get refund on open CD and costumer protective laws does not apply for software. I think that is legally allowed to sell software on blank CD without any data. Software is single product on market that is 100% unregulated.