Just thought I’d throw my words into this.
Previously, I’d signed a contract that had a no-compete agreement written into it. It stated that after I ended my relationship with the contracted company, I couldn’t work for any competing business for the next FIVE years.
Now, keep in mind, this is a signed, notarized contract, with my name on it.
Three months ago I parted ways with that company, and under State and US law (Right to Work law, in this case) the contract was considered to not be admissible as legally binding.
While you may be thinking “Huh, what does this have to do with a EULA?” My point is that even with a real contract (Signed and Notarized) it does point out that if an agreement is extremely unfair, it isn’t always legal/binding.
Look at any PS2 manual, and you’ll see they say it’s illegal to modify the console in any way.
When looking at such an agreement from a legal standing, unless they made you sign a contract upon purchasing the console, that agreement is considered null under US law.
It’s the same kind of thing with a EULA.