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As I have said before, each Eula can be different in some parts.
Some publishers will actually replace your damaged disc, free of charge, if the damage is thru no fault of yours and happens in the first 12 months of purchase. What exactly they mean by 'no fault of yours' can also be very questionable! You also have to supply proof of purchase and in some cases you have to post the damaged disc back.
Most others will replace a damaged disc at a small price to cover postage and handleing costs.
Not all Eula's will allow you to create a backup! It really does pay to read the Eula for each game or software you are about to use or install.
And yes, it has always been the same argument that you are not allowed to return a game after opening the seal on the box, yet the Eula is not readable until you actually go to install the game! So Yes I have always stated that the Eula should be printed on the box or you should be made to read and sign it before you actually are allowed to purchase.
Use Google and search for 'Eula', there are quite a few interesting articles on the subject.
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