Where allowed by your local laws, Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. [1]
And OS X's:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, [...] INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE [2]
[1] http://download.microsoft.com/Documents/UseTerms/Windows%207...
They are also mostly incompetent.
On page 64 of the 'Specifications', in a paragraph
highlighted in yellow, the ministry writes:
"All versions of software that are part of the offer
may not be published under a 'free software license'
- GPL or similar."
Of course this move is to limit competitiveness since EU explicitly favors open software: http://www.osor.eu/eupl/introduction-to-the-eupl-project
This limits the little guys that try to cut costs by using open software as building blocks for the solution, so only the giants vendoring expensive "enterprise" solutions can participate. And rest assured, open solutions are many times of better quality.