Disregard whatever you've heard about installing Linux on the device, find the agreement given with it and see what it says. If no reference is made to doing your thing then returning it with the same setup, I'd say you're in the clear. I'd bet the agreement covers damage, lost and stolen aspects plus returning it good condition, yet if you reinstall the software like it was provided they'd have to be very explicit about not loading Linux. If they do, you could use linux on a USB without installation. This could get you off the spyware while not breaking the rules if they are in writing.
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