If you buy a used computer, the windows license doesnt transfer with it.
Ignoring that however, you cannot be bound by a EULA that you receive _after_ signing a contract. If you receive the eula before or with a contract, it may be valid
I don't think Windows EULA apply to you even if you buy a new one. You didn't sign anything. In fact, maybe it was your friend helping you to setup your computer that pressed "accept".
In EU pressing accept is legally binding, along with other forms of agreement like gentlemen (handshake) agreement, over phone, etc. I can open a bank account by pressing accept.
Source? I certainly need to digitally sign something like that. Also opening a bank account might not even require something legally binding. Just that the bank will refuse service if you don't obey their rules. (and if you abuse it you are most certainly committing fraud anyway)
In any event it doesn't apply here. Because noone can tell who pressed accept.
edit: Also, if you open a new account as an existing customer that's because you've agreed to the terms previously and identified yourself by logging in.
I wasn't talking about being an existing customer. This very month I opened a bank account in another EU country using a scan of my EU ID and driving license and then applied for a 20k EUR loan, without digitally signing (or normal signing) anything, their nearest branch is around 1k km far. Just a video phone call where I shown them my ID next to my face, the scans, and a code that I got over sms and entered into their website. The banking regulation requires a legally binding contract for all banking services. There is a loan service called Zonky that literally doesn't have a physical branch, it's all online, no digital signing as well; it's a P2P service (I used to invest there) and the people using it have zero idea what a digital signature is.
I'm not saying you're wrong, but this explanation seems weird to me. If I get someone to accept instead of me, can I then abuse the software legally and they can't even (legally) revoke the license? That is very weird. What about Netflix accounts, is my girlfriend not bound by the ToS when I was the one who clicked Agree, and thus she could legally rip their content and share it? Very weird.
You did provide ID which I believe is a big difference compared to just pressing accept. No signature?
Just because the EULA isn't legally binding doesn't mean that the company in question can't act upon it. But you have no legal obligation to follow the EULA (because you didn't sign it).
When it comes to a "physical" license that makes it a bit more tricky, I'm not sure of the details. But they certainly can revoke the online-aspect of a product (tesla will (I believe) revoke super-charger access and mobile-app access if they feel that you violated their terms).
If you cheat in a multiplayer game that will probably violate the EULA (but not any laws). If you are caught you will likely be banned.
> * What about Netflix accounts, is my girlfriend not bound by the ToS when I was the one who clicked Agree, and thus she could legally rip their content and share it? Very weird. *
You both could legally rip their content (as long as you don't break any laws doing so (and by ripping and circumventing their encryption you most likely would break a few laws)). If they detect it they can and probably will terminate your account (even if what you did was legal). But you didn't break any laws by not following the EULA.
Your friend, or the new used car owner, will get to push a button every time the car starts, agreeing to the contract. Yeah, yeah, unenforcable, blah, blah. You want to go to the mall, or not?
If we have EU cookie banners every time we turn the key in the ignition, I give up. I'm going to find some 80s pickups in Arizona or something and start stockpiling them.
Yup, there's a "decline" button. The ironic thing is that my acceptance or declination doesn't go anywhere. The original Leafs used frequencies (GPRS) that AT&T quit supporting. Since the now-worthless radio is a useless threat surface, I had Nissan remove it for free. Because CarWings is a mere half-assed shell of what it could be, I declined to spend the $200 on an updated cell radio. So if I do press a button, it's for naught.
Anyway, all the screen says, in essence, is that Nissan is using the aggregate data blah, blah, and if you want to use the nifty history telemetry, well, you're going to have to let the car send those data. Or not; car works just fine if you press "decline".
Sure you did, a contract of sale. That makes you the owner of the device. Should another person be able to access all your computers sensor data just because you let the person use your computer?
Of course my friend can use the sensor data of my car if I let him/her. The question is whether the car company can claim that the sensor data that my friend collects while driving is theirs without informing him/her of it.
