There are myriad situations where contracts are written which aren't enforceable, but that doesn't make writing the contract illegal, nor does it make _trying_

There are myriad situations where contracts are written which aren't enforceable, but that doesn't make writing the contract illegal, nor does it make _trying_ to enforce it illegal either. That might be a shortcoming of our legal system, but that's how it works. The EULA may or may not be binding in any appreciable way: https://en.wikipedia.org/wiki/End-user_license_agreement#Enforceability_of_EULAs_in_the_United_States https://en.wikipedia.org/wiki/End-user_license_agreement#Enf... If they can establish that their EULA does bind then maybe they've got a case.