"The software manufacturer can put anything they want into their EULA - it doesn't make it legal or legally binding. An EULA can only become binding if you open and use the software"
I was rather assuming the originator of this post was asking someone to sell him second hand software, ie one where the packaged had been opened and the EULA was now in force......
Obviously the chances of a sofware company persuing an individual through the courts is remote, but despite the above claims, EULAs are enforceable.