EULAs are the ultimate catch-22

The trouble is that most companies _won't_ let you return the software. Even if the license specifically says that you should return it to the retailer if you find the terms disturbing and don't accept the license, the retailer won't take it back over justified fears of piracy, and the manufacturer won't accept it because they say their involvement ends at the retailer. Ed Foster of GripeLog goes over this topic in depth. Some licenses are so overreaching that they claim you have automatically accepted the contract simply by opening the box, even if the only place the license shows up is on installation of the software. Read over their terms and it'll be obvious that most publishers want the benefits of licensing with sales, without the pesky downsides like free upgrades, replacement media, and service.

So far the case law on the validity itself of EULAs is murky, the major decision trumpeted in their favor is blizzard vs bnetd, but the recent ruling that sprint's contract of adhesion is invalid puts things in a new light. Hopefully this case will finally stop Autodesk's perversion of the first sale doctrine.