First of all, I think that they are understating the degree to which EULA's are enforceable. Courts have upheld EULA's. There is some question about this issue, of course.
With regard to not agreeing to the EULA, my guess is that probably won't do you any good. Don't they usually say something like "by clicking ok and by using this softwareyou agree to the terms....etc."? Even if you don't agree, you are still using the software.
All of this is a difficult area, that the law has not really explored much yet. There will be a time when we have a better idea about the enforceability of EULA's and how far it can be taken.
