Quick question - Who has actually read a EULA? Who even knows what EULA means?
Those annoying license agreements that come up when you install software, insisting that, by clicking 'Yes' or 'I Agree', you are entering a legally binding contract, seem based on shifty legal grounds. This has been nicely illustrated by a certain Anne Loucks, who has devised a system for her cat to accept the license agreement for her. I doubt Anne's system is itself on solid legal ground, but it opens the door for legions of methods of avoiding accepting the legal agreement -- or claiming someone else accepted without your permission.