content: Since it's civil law instead of criminal law, the only way to determine if it will stand up, is to take it to court (expensive).  The clause barring a class action lawsuit is legal, and you can waive all kinds of rights (the right to remain silent, for example).  Here's a thread about this very issue: http://answers.microsoft.com/en-us/windows/forum/windows_10-hardware/upgrade-10-class-action-lawsuit/cd4bfca3-e297-479a-a7fd-94bdf765dcc9?page=1&auth=1