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

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.