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AFAIK EULA's are unenforcable in the EU. Disclosure: IANAL

• bunderbunder 8y ago
  I doubt it's anywhere near that simple. The EU, being a loose confederation of independent countries that had all been doing their own things for a very long time before joining up, has a wildly heterogeneous legal environment. Even in a single country like the US, whether a EULA will be considered enforceable depends heavily on a plethora of factors, including what court the case is being tried in.
• majewsky 8y ago
  IANAL. This is not legal advice. AFAIK, in Germany a EULA is enforceable. But if you are only presented with the EULA after having bought the product (e.g. if the software came on DVD in a shrink-wrapped box, so you couldn't look at the EULA at the store), you're entitled to a refund if you don't agree to the EULA.
  • stefan_ 8y ago
    EULAs are enforceable, but surprising or unreasonably discriminatory clauses are not. When it comes to contracts with private customers, judges tend to interpret that highly restrictively.
• mg794613 8y ago
  Eula's are enforceble. However they need to adhere to some standards. For the Dutch for example;general eula aka 'algemene voorwaarden' can not be 'unfair' this is quite ubiquitous, but still you cannot suddenly put 'anything' in there. This specific case would not hold as it is not fair to the customer. (faulty hardware has been supplied and this firmware is nothing but a correction to their shortcoming) I'm sorry that I cannot give a more elaborate explanation of this. IANAL.