actually, it is legal under the UCITA which VA and MD have passed. the UCITA allows (among other heinous things) the binding of a user to the EULA before letting the user read the EULA. The EULA can now lawfully state that opening the software package and or installing the software constitutes agreement to the EULA, but this only appears after installation is complete. Furthermore, the UCITA allows the EULA to prevent the software producer from being held liable for any damage caused by use of the software, but only applies to softwae that has a "click thru" or "shrink wrap" license. This is a free software destroyer because it allows people to sue programmers that do not have this clause in the license agreement. Do a google search for the terms "UCITA click through" and "UCITA shrink wrap" for a more revealing look.
-t.