Well, if you want to innovate then, atleast as far as Germany is concerned, you have to lay out the non-standard parts of your contract in clear and simple terms along with pointing out where to read the full text.

If I give you a software copy with non-standard license, courts here won't uphold such licenses if you don't point out it's non-standard and in what ways. Because the consumer can't be expected to read and understand every legal contract they have to sign. They aren't lawyers, after all.