I think this differs from country to country then, because I'm pretty sure that in e.g. Germany a contract is not valid or enforcable without prior explicit agreement from both parties. In Germany most ToS and EULAs are void anyway, because they are not presented to the user or buyer before the purchase or start of the transaction. Also, if ToS contain a serious error, the whole ToS is invalid.

However, in other countries such as the US contract law is totally different, so this does not generalize at all.

Also, IANAL.