So when was the last time you smoked pot? I mean we're talking about The Netherlands. Liberal thinking. Tons of freedom. No way Apple is lucky there.
Never have. Am I missing something?
Answer to your question is below. It's the same, more or less, but with a couple of differences.
http://www.osnews.com/story/19682/The_Legality_of_EULAs_in_The_Netherlands
The dreadful EULA
First, let me explain what an EULA actually is. The End User License Agreement details how you may use the software it applies to. When you go to the store to buy Super Awesome Garden Designer 8.0 Ultimate Edition, you do not actually buy the software in question - you buy the right to use said software. Software falls under copyright law, and as such, the author must grant you the right to use that software - and for that right, you pay money.
In The Netherlands, an EULA constitutes as a contract, and as such, you need to treat an EULA according to Contract Law. According to Engelfriet, this means there are four important steps in the process of establishing the legal power of an EULA: the formation of the contract, the offering of the contract, nullification of terms in the contract, and possible interference of other, possibly higher laws. Let's start at the beginning.
Formation
For a contract to actually be a contract in the first place, there needs to be a party offering something, and a party accepting that offer. In the case of software, the offered something is the right to use that software. If you acquire software via legal means, you technically don't need an EULA at all.
Software distributors solved this issue by forcing you to agree or disagree with the EULA during the installation process, before you can actually use the software - disagreement terminates the installation procedure, meaning you can't use the software. According to Engelfriet, this is a legally sound construction in The Netherlands, as the distributor is not legally obliged to offer you a choice between the terms of the EULA, or the normal user rights regarding software as defined by article 45j and 45k of Dutch copyright Law (you are allowed to run software on one machine, and you are allowed to make a backup).
So, a software distributor may force you to agree or disagree with the EULA, even of if disagreement means you can no longer use that software. This seems awkward, and brings us to step two.
Offering
According to the anonymous source, the terms of an EULA are the same for all customers, and as such, they legally constitute as 'algemene voorwaarden' (conditions/terms of use). Engelfriet agrees with this position. However, for conditions of use to be valid in The Netherlands, they have to meet certain criteria.
The first criterion is that the conditions of use must be presented prior or during the making of the agreement; in case of software bought in retail stores, it would be easy to argue the agreement is made during the actual purchase, which would mean that if an EULA is not presented then, it would be invalid.
However, there is a catch. To make sure that conditions of use (think: "all customers must wear a pink hat while in this store") do not have to be specifically presented to each user, Dutch law states that telling a user that the conditions of use can be found at location xyz, without specifically stating the conditions themselves, is also a valid way of presenting conditions of use, regardless of whether the user actively agrees with the conditions or not. In the case of an electronic sale, there is an extra requirement (besides presenting them electronically): the user must have the ability to save the conditions of use (to a file).
The second criterion states that the conditions of use must be presented in the right way. As Engelfriet explains:
The main rule is that you should get a piece of paper on which the EULA can be found. When an EULA is only presented on-screen, it constitutes as an electronic agreement. Law then states that the EULA must be presented in such a way that it can be saved so that it is accessible at a later time. A .pdf or .doc file included in the zipfile satisfies this demand.
This last demand is crucial. The ability to copy/paste the text into a separate file does not satisfy this demand, as it requires too much effort on the user's end. If there is no straightforward way to reread the EULA at a later date, it is invalid.