You should fight any EULA that allows you to 'agree' to something without actually having any power to negotiate the terms of the agreement.

That would seem to include the GPL. Is that intended?

Well, the GPL wouldn't be necessary if you could properly negotiate your rights by default.

That would mean every EULA ever made. EULA's aren't ever a negotiation.

Edit: I take it back. See reply.

The last company I worked for negotiated EULAs with contract development Customers. The Customer's price varied according to the rights they requested.

It's certainly the case that most off-the-shelf EULAs aren't open to negotiation because the Customer is often inconsequentially small to the software "manufacturer". Larger Customers (particularly governments) certainly negotiate for license terms with major software "manufacturers", however.

You're right. I was thinking of EULA as just covering the license terms that end users have to accept before using software, which are not a negotiation, as opposed to special licensing terms that are negotiated (which I previously would have considered to just be "a contract"). But after perusing the wikipedia page on EULA, it does appear that specially-negotiated license terms are still a EULA, as EULA really just means a software license agreement.

Yes. EULAs are actually unenforceable in some countries. In Germany for example an EULA, is unenforceable unless you agree to it as part of the sale.