OSNews

... if only because the agreement is between the software provider and the "end-user". Yet, the "end-user" is not necessarily the person that clicks through the EULA agreement. There's no signature or record to say otherwise. Therefore, the EULA is what could euphemistically be called "wishful thinking". Also, the terms of a EULA aren't generally enforceable anyway if they are presented post-sale of the software license. After all, it effectively changes the terms of the license ex post facto. When I plop down my money, I've licensed the software. Who says I'm going to install it using the provided installer (that presents the EULA)? I don't have to.

From a strictly practical standpoint, the concern for me isn't that the EULA is or isn't enforceable, but rather whether some brash vendor will decide to attempt to have it enforced. Unless you have very deep pockets, the threat of legal action is enough to prevent it. So, as a rule, if the software is used at a place of business, I try to make sure the EULA is more or less adhered to.

Note that I don't mean that I make lots of copies of software and distribute them. That's copyright infringement and it's a tort with or without any EULA (unless the license explicitly says otherwise). I'm talking clauses that promise not to decompile the program (though that's probably legal regardless), and whatnot.