I am reluctant to wade into this discussion because I am a criminal and constitutional lawyer not a copyright or contract attorney, however having been laid up and not getting much chance to engage in legal discourse, I can't help myself.

I agree there is no criminal law attached to the scenario described. However, I don't believe that the general restriction (as stated) is sufficient to amount to a contractual agreement. It is stated as a absolute fact of law (which I would tend to dispute) not as a term of sale. It does not allow for any of the necessary elements of a contractual agreement to exist.