Editing End-user license agreement (section)

==Enforceability==
There has been substantial debate on to what extent EULAs can be considered binding.{{sfn|Terasaki|2013|p=471}}{{sfn|Bonar-Bridges|2016|p=86}}  Many EULAs contain stipulations  that are illegal and therefore unenforceable.{{sfn|Eichstädt |Spieker|2024|p=273}}{{sfn|Corbett|2019|p=461}} Software vendors keep these unenforceable provisions in the agreements, perhaps because users rarely resort to the legal system to challenge them.{{sfn|Corbett|2019|p=461}}

===European Union===
Under the New Digital Content Directive effective since 2022 in the European Union, EULAs are only enforceable to the extent that they do not breach reasonable consumer expectations. The gap between expectations and the content of EULAs is especially wide when it comes to restrictions on copying and transferring ownership of digital content.{{sfn |Oprysk|Sein|2020|pp=620-621}} In Germany, EULAs are only valid if known to the customer before purchase.{{sfn|Eichstädt |Spieker|2024|p=277}}
===United Kingdom===

The United Kingdom's [[National Consumer Council]] undertook a study published in 2008 which found issues with the way 17 major IT businesses had been using EULA's and asked the [[Office of Fair Trading]] to undertake an investigation.<ref>BBC News, [http://news.bbc.co.uk/1/hi/business/7252707.stm Computer software terms 'unfair'], published 19 February 2008, accessed 6 December 2022</ref> As of 2020, the enforceability of EULAs and provisions granting copyright of all derivative works to the developer has not been judicially tested in United Kingdom.{{sfn|Catton|2020|p=21}}
===United States===
Before the 1996 ''[[ProCD, Inc. v. Zeidenberg]]'' in the United States, shrinkwrap licenses were not held to be binding, but since then they often have been.{{sfn|Terasaki|2013|p=471}} In some shrinkwrap cases the customer was found not to have consented to the EULA and was therefore not bound by it.{{sfn|Kim|2016|p=17}} Clickwrap has been found generally to be enforceable{{sfn|Kim|2016|p=18}}—even when the license terms are provided after the sale.{{sfn|Kim|2016|p=19}} The enforceability of browserwrap is lower, but has been enforced in some cases where it can be proven that the user was presented with the terms of use and continued to use the website.{{sfn|Kim|2016|pp=24-25}}