this post was submitted on 15 Dec 2023
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Yup, my understanding of contract law is that there must be a mutual agreement accompanied by a exchange of any thing of value.
I would argue that since you typically pay for and receive the software before being asked to agree to the EULA, there is no exchange accompanying the agreement and thus it is not a contract.
I have also heard of laws that explicitly limit what EULAs can accomplish because it's common knowledge that nobody reads them.