Again the EULA debate needs to be put to rest in court. Unfortunately it will take big money to and a long time fight Until EULA is dead in court everyone needs to tread lightly.
EULA currently is enforced by the Good Cop/Bad Cop system. In the same way Microsoft enforces it's "trademarks" on common words. One set of lawyers comes and says we'll bleed you to death in court, the other set arrives and says we'll buy your name, ID, product for a very generous offer...