The minimum requirement for something to be a legal contract is a signature. You can’t just write something on a piece of paper and say “oh this is legally enforceable, no I don’t have any evidence, go away”.
And you’d have an extraordinarily hard time proving that someone clicked “I agree”. Just because companies are prepared to pay to have EULAs written doesn’t mean they’re actually legally enforceable.
None of these are (speaking generally) legal requirements of an agreement in the US.
Source: Am lawyer who writes EULAs for a living.
There are plenty of good arguments for why a particular EULA might be legally problematic, but “no signature, no contract!” isn’t one.
The minimum requirement for something to be a legal contract is a signature. You can’t just write something on a piece of paper and say “oh this is legally enforceable, no I don’t have any evidence, go away”.
And you’d have an extraordinarily hard time proving that someone clicked “I agree”. Just because companies are prepared to pay to have EULAs written doesn’t mean they’re actually legally enforceable.