Analysis of how EULAs are reviewed by courts depends primarily on whether the particular EULA is determined to be a contract for the sale of goods, and thus governed by the terms of the UCC, or whether it is a contract for services, and, accordingly, governed by the common law.’ Although it may be of little practical import (because even those contracts governed by the UCC can be modified to waive a consumer’s traditional Article 2 inspection and rejection rights), it is important to understand the framework by which software-and by extension videogames - are analyzed by courts in the United States.

From the document Rated “M” for misleading.