> You cannot sell, rent, lease or lend the software.
I am not a lawyer, but AFAIK this clause is unenforceable in the US.
I am not a lawyer, but AFAIK this clause is unenforceable in the US.
As to whether or not the EULA will be a contract, the courts have been inconsistent on that, if I recall correctly. In a district where the courts have decided EULAs can be enforceable contracts, whether or not a particular attempted EULA is one will depend on the details of the particular case.
[1] I left out "rent" and "lease" because first sale in the US has an explicit exception that makes it not apply to computer software rentals and leases if those are for "commercial advantage").