1. Again, it wouldn't matter, as whether you agree to them or not if they're unenofrceable/non applicable they can't prosecute/sue you for breaking them anyways.
2. They don't track any info, that's copy-pasta from games that do...so that example doesn't work here, and I don't see why you think they would just because they left it in a copy-pasted EULA.
3. They're cheap, and others have stated the same as me in toher threads...they just don't want to do it for whatever reason(money/time/etc).
And btw every Gog game is EULA restricted.......read it next time you install any gog game. And again Gog is DRM-free...EULAs aren't DRM.
Re pt. 1: Sorry - but unless you show your law qualifications for the country in which I currently reside this is a moot point. I see you live in the US, this might come as a shock but fortunately not everyone else in the world does. Laws differ, and I highly doubt that you have any legal qualifications, so please do not comment on the legality or enforceability of an EULA without having the required knowledge and abilities to do so.
Re pt. 2: As you seem to have problems grasping the concept of rights and giving away your rights. Let me make this as clear as possible - the EULA should only state the sections relevant to the games in question. Giving rights away, as inapplicable to this game in question they might be, is never a good idea - as they retain those rights until the agreement is cancelled.
Re pt. 3: Cheap? I don't consider signing away rights as being cheap - especially when they're excessive. But I guess morals and values differ quite a bit :). I can get a Dungeon Keeper 2 copy off of ebay pretty cheap, and without being forced into a draconic EULA which seems a lot cheaper to me. By that logic perhaps we should all start buying games from there again?
As for your comment about gog games being EULA restricted - please actually read the comments. You're signing away your rights, and to even make it both EULA and DRM specific, once again as there seems to be an issue grasping this concept.
Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software. EmuAce:
Technical protection measures... DRM... This EULA clause has no right to exist anywhere on GoG... it is against the very spirit in which GoG was founded...
I just checked my copy of DUngeon Keeper 2 and guess what? It has the same EULA as the one you are screming about. So even if you buy a second hand copy, you are still "signing away your rights".