Sure, that's right, and my point was pretty much the same; any EULA that the end user is forced to or has to accept automatically is invalid, such as click-thou

Sure, that's right, and my point was pretty much the same; any EULA that the end user is forced to or has to accept automatically is invalid, such as click-though or shrink-wrap licensing. It's really just the terminology, since EULA has a much wider meaning here, I think.