>>>EULAs are contracts, Thierry.
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>>No, They are not contracts. They are agreements. An EULA is called an EULA and not an EULC for a reason. Contracts and agreements are different animals.
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https://www.quora.com/What-is-the-difference-between-an-agreement-and-a-contract>
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https://en.wikipedia.org/wiki/End-user_license_agreement>
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"In proprietary software, an end-user license agreement (EULA) or software license agreement is the contract
between the licensor and purchaser, establishing the purchaser's right to use the software ... Many form contracts are only contained in digital form, and only presented to a user as a click-through where the user must 'accept'. As the user may not see the agreement until after he or she has already purchased the software, these documents may be contracts of adhesion..."
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http://en.wikipedia.org/wiki/Software_license_agreement#Shrink-wrap_and_click-wrap_licenses>
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"Further, in ProCD v. Zeidenberg,
the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an 'I Agree' button in order to install the software. In Specht v. Netscape Communications Corp.
, however, the licensee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable.">
>If you're forced to click "I Agree" or "I Accept" to use the software, it's a legally binding contract.
Again, no... There are too many exceptions to make this automatically legal binding contract. At least in the EU. And from Wikipedia you conveniently left out the other case which was not enforceable.
AFIACS, even the VFP EULA is not enforceable as you can click I agree without ever seen the whole EULA.
See
https://www.internationallawoffice.com/Newsletters/E-commerce/Germany/Linklaters/Shrink-Wrap-Contracts-An-Overview It should be nice if you stop 'teaching' and take a more humble stance on these matter as they certainly are not black and white and you show a serious lack of knowledge here.
You might learn something of you came down from your ivory tower.