EULAs are a legal minefield.
Anyone remember the
infamous Borland EULA?
Clauses like that, hidden in small print make you wonder if the software company is really being fair to the customer, should they be allowed to go to such extreme lengths to protect their software?
IMHO there is scope in EULAs for flexibility. In their contract they can extend their fair use policy to any paying customer if they want to.
Of course it is upto the company involved to do so but i think a clearer and simpler policy would do them a lot of good in the long run.
Anyway maybe this topic has been dicussed to death eh ? It does seem to be dragging on a bit. Time to let it rest I think.