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The problem, I think, with most EULA agreements is they don't actually state you are agreeing to the copy protection used or that the program uses copy protection. You are only agreeing to the terms and conditions for the program code to run the game.
Since most commercial copy protections are licenced from 3rd party developers, when installing a copy protected game there is no EULA between you and the maker of the copy protection, so if it is installed without any consent and the program does not run because the copy protection does not like deamon tools or whatever the copy protection maker arbitarily dictates you can't have on your system, how can you agree to the EULA for program code you can't run because the undisclosed copy protection won't let the program code run?
Anyone legally minded have an opinion?
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