>>106363816
EULAs are legally binding in Europe - by which I am inferring your intent is in fact to be referring to the European Union.
he EU makes them subject to the Unfair Contract Terms Directive (UCTD) 1993/13 though, by which certain terms in a EULA -- as in any type of contract actually -- could be found unfair and thus legally may not bind the consumer.
The common misconception that EULAs are unenforceable comes from shrink-wrapped EULAs that aren't presented to the consumer until after they've bought a product. Shrink-wrapped EULAs in particular are unenforceable because the UCTD contains a black list of types of terms of contract that must under all conditions be considered unfair and non-binding, which contains also ANY term of contract with the object or effect of:
> (i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract.
As long as terms of the EULA don't violate the black list given in the UCTD, and would otherwise stand up to a general test of fairness by a court judge, they are perfectly enforceable.
See:
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31993L0013
