EULAs and TOSs have been tossed out in court before under the logic that you need to understand an agreement for it to be legally binding and that not reading the agreement inherently prevents you from understanding it.
Wikipedia has an overview and their enforceability varies pretty dramatically across the US (which is why many such agreements attempt to specify which states or courts they must be litigated against in).
EULAs and TOSs have been tossed out in court before under the logic that you need to understand an agreement for it to be legally binding and that not reading the agreement inherently prevents you from understanding it.
Can you provide case law? I’m interested.
Wikipedia has an overview and their enforceability varies pretty dramatically across the US (which is why many such agreements attempt to specify which states or courts they must be litigated against in).