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- Embed this noticeI think there's something to be said for goods sold to sophisticated buyers, like an MRI machine to a hospital with its team of doctors and lawyers, and goods sold into average consumer markets.
If a hospital didn't scrutinize a contract regarding a $10 million piece of equipment, which they would have the power to negotiate, that's somewhat on them. There is some bargaining power at that price (assuming it's not unique, patented, and required for best practices).
But your average consumer should not be assumed to have sophistication or bargaining power re common consumer goods, especially when they come with an extensive eula. I think the contract of adhesion doctrine should be applied far more than it is, or courts should more regularly find that there was no meeting of the minds because no normal consumer could understand the agreement.