The key question is how enforceable those terms might be.
"Shrink-wrap" license terms have a mixed history in the US courts. They tend to do better with *hardware* than software and they haven't been tested too strongly with digital content, especially with walled gardens.
Post-sales changes tend to do less than well.
Me, I wouldn't bet the farm on either position; absent a Congressional law with explicit instructions both have equal chance of prevailing in one case and failing in another.
Lots of billable hours will be spent trying to settle it. After the *first* such case gets to court. And that is still in the future.
Here's a couple of semi-relevant reports:
http://corporate.findlaw.com/busines...able-mass.html
http://boingboing.net/2012/10/31/zap...-found-un.html