@feetwet: To answer what you wrote in your comment... A EULA cannot force the customer to do anything. What the copyright holder can do is to declare that a sale is not final until you accept that your rights are restricted to what the EULA declares, and if they don't agree, they can return the item sold for a refund. And both with books and software, you have obviously no right to make a copy without the sale being final.
Now look how that works out with a book. You say "the sale is not final unless I agree that I cannot resell or lend the book". I have the book in my hands at my home. I have to think about whether I want to agree to the license or not. While I think about this, it is absolutely legal for me to read the story in the book, which I do. When I finished and have read the complete book, I go book to the store and say "I don't like your license, so take the book back and return my money".
That's exactly how it works with software. But while I can read a book without copying, I cannot use the software without copying. See how it works? Because of the technical differences between software and books, there is no way for the copyright holder of a book to get anything useful out of such a license. If he tries, I can make him decide to either let me read the book for free, or to forget about the license.
"By opening this book you agree to this license..." - that doesn't work! I don't agree with it, and that's it! Since I have the right to open a book (there's a copyright law, but there's no openright law), I don't have to agree to anything to open and read the book. "By copying this software you agree to this license..." that works slightly better. Since I don't have the right to copy the software, you cannot force me to agree to the license, but you can force me to either agree or to admit copyright infringement.