Case law on EULA (Score 1)

Although I agree with many posters that these EULA may be unenforceable as a whole or in part under sone unconscionability or contract of adhesion theory, this is not a completely untested area of law. A case involving a customer suing Gateway under fraud (RICO based) gave the United States Court of Appeals a chance to review a consumer contract. See Hill v. Gateway 2000, 105 F.3d 1147 (7th Cir. 1997). This contract was mailed with the computer at the time of shipment. The terms were not discussed on the phone at the time of purchase. Even though this contract had some of the characteristics of EULA, such as adhesion qualities, the court found the agreement enforceable. I have listed some other cases below that may be on point, but I don't ahve time to review them right now.
SOFTMAN PRODUCTS COMPANY, LLC, Plaintiff, v. ADOBE SYSTEMS INC, 171 F. Supp. 2d 1075

MICROSOFT CORPORATION, Plaintiff, vs. SOFTWARE WHOLESALE CLUB, INC. and GLENN YOUNG, 129 F. Supp. 2d 995