These are two wildly different scenarios.
These are two wildly different scenarios.
I can write a EULA that requires you to sign over the rights to your firstborn child, your soul to the devil, and any other nonsense that I could come up with[0].
That doesn't mean that it's actually legally enforceable. Certain clauses have been deemed nonenforceable by law in contracts[1], so just because it's in the EULA doesn't mean it's valid.
Also, just because it hasn't been deemed nonenforceable previously doesn't mean that it is valid either; it has to be tested (as with all law).
That doesn't give a definitive answer either way, except to say that just because it's in the EULA doesn't mean it's permissible, either morally (subjective) or legally (objective, or at least "objective").
[0] http://www.out-law.com/page-10929
[1] The ones that people on this site may be most familiar with are noncompetes and/or invention assignments (in certain states - these particular examples are actually more hazy than most people think, but that's a separate matter). Other extreme examples would be contracts that make a person the legal property of another person (e.g. in many/most countries, you cannot enter into "consensual slavery" with a legally binding contract).
It is, if you buy the disk, install the game and then click through. It ain't if you download Origin, install, accept the EULA and then buy a game.
Still, it is questionable whether a contract that is rarely read and can be changed at whim is a contract in some legislations at all. This is still a HUGE open topic.
When they haven't found them legally binding, they've generally either been simply ridiculous or deceiving.
Even in the USA, you can't sell yourself into slavery for the rest of your life, as an example of a contract that might be invalid. Most other countries simply have more consumer rights which disallow even more forms of contract.
In Europe, for example, contractual freedom with a consumer (not in between companies) is often highly regulated. And even then, it differs from country to country.