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Not all parts of EULA's may be legally enforcible. You can't just write any bit of language in a EULA and be able to enforce it down the road. Step-Saver_Data_Systems,_Inc._v._Wyse_Technology
What's most important in this case IMO would be that we haven't had to click on an "I Agree" link, so the enforceability would be unsure at best.
I am not a lawyer though, so take that as you may.