Now we are coming to the real point. You've quoted a lot of copyright law, but as I see it, copyright law is not really relevant, what is at issue is contract law. Copyright and fair use govern whether you can redistribute something, and have absolutely nothing to do with what you can or can't do with it in terms of use. All my clauses 1-5 are to do with use of an item, not with redistribution of it. Copyright is irrelevant to this issue. (Oh, and my example of the game site was misremembered - it was a site with stills from Hollywood films. Most film companies try to stamp down on such sites, but if the film is reviewed, it's "fair use".) If you had a written contract between vendor and licensee, than all of 1-5 would be admissable in law (except probably 5 and possibly 4 as being in breach of other legislation). All sorts of other clauses can be valid in a signed contract, including payments, liabilities, and the right for the vendor to send people round and inspect your computer. If downloading a product consists of a legally binding contract, then, as far as I can see, all clauses should have the same force as in a written contract. The issue of "reasonable" hardly arises. If I have a contract with you which contains a clause saying that, for services rendered, you will pay me $1000 a month, and you sign it, that's legally binding no matter how small my services to you actually are. If you put a similar clause in an EULA, the only difference is that the user does not sign the contract, and may not read all the clauses. This would not be the case, though, if the legislation, under contract law, contains specific and clearly-defined cases of what may or may not be included in a non-written ("clickable") contract. For example, it may say that a EULA may control how the product is used but may not contain clauses requiring extra payment for the product. If this is the case, I doubt that the law specifically permits an EULA clause that the vendor may install spyware on the user's computer. Now, if you can find the relevant bit of contract law, we'll have a solution to the whole debate, at least for the US.