I think you'd have to take this to a lawyer, but, as I said in an earlier post:
If the EULA is not readable before the software packaging is opened (which may be achieved by a page on the licencer's website), it is possible that parts of the EULA may be unenforceable. That said, the rules of copyright are fairly explicit and can be researched quite easily
.
I would read the rest of that post; as I understand the law, you do not own the software contained on the media and therefore if you do not wish to use it, and do not accept the EULA, you must return it to the retailer for a refund.
Scroggs