> EULAs aren't laws. I can't agree to something illegal, nor can I agree to give up rights guaranteed to me by law.
Actually, you generally can do the latter, unless the law specifically makes the right not waivable. Contracts, in general, are about giving up rights guaranteed by law.
EULAs can't really be considered the same as contracts in a philosophical sense, since they're presented after sale.
Back in the 90s, there was a Microsoft printed EULA that said that breaking the shrinkwrap counted as agreeing to the EULA, but you couldn't access the EULA without breaking the shrinkwrap (and opening the box). :)
Actually, you generally can do the latter, unless the law specifically makes the right not waivable. Contracts, in general, are about giving up rights guaranteed by law.