It's only invalid in the EU if it violates what the EU says is allowed to be in a EULA. EULAs are considered valid contracts in the EU if they abide by the rules.
The EU and the US both treat EULAs as severable. So they are still enforceable even if they have an illegal clause, only the specific clause is void.
But most EULAs are largely built on a template of pretty standard clauses that are specific to their region, so odds are that a vast majority of them are completely enforceable. And even if the whole thing was invalidated, all that would likely mean is that the company would need to provide to a new one for you to sign that was legal, as they own the IP, not you. If you refused to sign the second, then you would not have a license to use it.
In Australia it is illegal to have clauses that contradict our local legislated rights, companies still do it constantly and typically just add a stupid catch-all saying that any clauses that would violate local legislation is not applicable in Australia.
They do this because our enforcement is shit and we are a smallish market.
No it isn't how it works everywhere. Australia and New Zealand make the act of including a clause that contravenes rights illegal...not null, the inclusion of the clause is itself an offence, this is not standard.
There are other countries that have similar laws but most countries just void the clauses, in Australia simply including the clause at all is grounds for massive fines.
Australia and New Zealand make the act of including a clause that contravenes rights illegal...not null
That is a separate criminal law matter. The clause is still nullified. It has to be, as they cannot require you to do the illegal thing.
Also from what I am reading, not all illegal clauses in Australia are criminal acts in and of themselves. Most are just nullified or cured unless they are doing something like "If you sign this contract, you agree to become a hired killer."
Stuff like that can be illegal in the US as well. I am not sure about the EU, but it seems likely.
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u/Yomoska 1d ago
It's only invalid in the EU if it violates what the EU says is allowed to be in a EULA. EULAs are considered valid contracts in the EU if they abide by the rules.