Is an EULA enforceable? [closed]

Some courts in the U.S. have upheld shrinkwrap license agreements. See particularly ProCD v. Zeidenberg and more generally, Wikipedia's section on EULA enforceability. This covers how the DMCA may apply, for example.

In the end, though, you'll find that EULAs are sometimes deemed to be enforceable and sometimes not.

EULAs are not per se invalid in Germany.

however, a German court held that they are ONLY THEN legally binding if they have been agreed to prior to the purchase. the folks at PearC, the company selling Mac clones in Germany are founding their claims of legality on this 'loophole'.

The bottom line is big software company can afford more billable lawyer hours than you can. Call me a cynic, but I believe in the golden rule, "those with the gold make the rules". You might eventually get a judge / jury to rule in your favor, but you would go completely bankrupt in the process.

The only silver lining, we out number them and they can't afford to catch and try everyone. As long as you don't bring attention to yourself, like responding to a question on a popular website, they shouldn't notice you.

Some EULAs are in fact invalid in some countries. I think this is a case for most US EULAs used in EU. US legal system has some resemblence to UK legal system, but EU legal system is in fact a mix of few totally different ideas how law should look like, and is quite different from US.