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by roel_v 5634 days ago
Yes, there is. I can't easily present a list, especially not one that shows it for multiple jurisdictions, but EULA's have existed since the 1980's at least and the general concept is well-accepted, in many countries.

(there are discussions over implementation details: is a eula that is only shown after you install the software which is in shrinkwrapped box and that says that breaking the shrink wrap constitutes acceptance valid, for example. Those corner cases are beside the point, the thing is that the concept of a contract that regulates the use of software is broadly accepted, to the point that the actual simplest case isn't even litigated over since it's not a point of discussion.

There is no need to sign anything to make a contract. I don't know where that idea comes from, it's so misguided I don't even know where to begin. When you go to Starbucks and order a double frappuccino latte with extra whipped cream, and the girl behind the counter gives it to you, do you then say 'I'm not paying because we don't have a contract'? Of course not, there is a contract: they offer to sell coffee, you accept by ordering, the result is an obligation on their part to deliver coffee, and an obligation on your part to pay for it. No signature or paper or whatever needed.