Your EULA will be legally binding if you get valid consent to it. The best way to get valid consent is to have end users click a checkbox or take some other clear action to show they agree to the terms in the EULA before you allow them to download and access the software.
Disclaimer
This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.
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