Ah, now I see. I wasn't thinking. I though that you meant, from earlier, that the individual would have to order a DVD in order to install--which wouldn't make much sense. So, my first question is a throw away.
And, now back to the issue.
I believe that you said earlier that the individual, having purchased the upgrade, has the right to order a disk. I guess the disk would be an upgrade disk, right??? As mentioned earlier, I don't think that clean installing from an upgrade disk is a EULA breaker. Consistently I don't think that the VLite procedure is a EULA breaker--for the reasons mentioned earlier--(1) no specific EULA prohibition and not doing (2) from my first post or otherwise modifying Vista and (2) the clean install from an upgrade disk is not a EULA breaker (IMO). In this regard, MS is not being denied revenue from selling a disk for $15 plus postage since there is no specific EULA prohibition.
Keep in mind that I am just voicing opinions that have a "legal" flavor. I can't actually say, of course, whether something would be "legal" from the perspective of a lawsuit.