I have to disagree there. It doesn't matter the format of a contract, as long as it is voluntary and explicit.
The same thing you said about a sequence of bytes could be said about a sequence of words printed on a piece of paper. Both are valid forms of contract.
A valid contract should feature non-repudiation, for example you keep the other paper copy, or a witness/arbiter exists. Can you prove I have clicked the dialog and not skipped over it using a debugger ? You can't, as such I've never entered a contract with you. That's precisely why my property can't act as your legal proxy, if it's really my property I should be able to control it for my non-violent purposes, and have no obligation to use it to correctly represent you in the contractual matter at hand.
It's all rather pedantic because, as you agree, a hacked copy without the EULA is clearly not a binding contract.