[sbx320]

Germany for example. The legal argument for it is quite simple. Once a software is sold (in the "buy a license" sense), the manufacturer has no further right to limit your use of the software if they didn't include these terms into the sale contract. Therefore a manufacturer cannot force you to agree to a contract after you've already bought something. That includes click-through agreements if you need to "agree" to them in order to use the software.

The only way to get a EULA to work in Germany would be to include it into the sale contract between the consumer and the vendor at the point of sale.

[nihonde]

I think you're confusing software shrinkwrap license terms with click-through agreements. The latter would apply to software as a service and require affirmative consent from the end user/licensee. As far I know online contracts are still enforced under the German Civil Code as long as they're properly formed, just as is the case everywhere else that I know about.