Yes, ideally the customers would sent back their modifications of your EULA, and then you would negotiate a new contract to the benefits of both of you or not d

Yes, ideally the customers would sent back their modifications of your EULA, and then you would negotiate a new contract to the benefits of both of you or not do business with each other. In practice, this seems difficult and the relations of power in modern EULAs are fairly asymmetric. For example, in many areas there is only one provider of some needed service. like e.g. an ISP. Partial contracts and a certain emphasis on customer protection seem like a reasonable compromise.