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Retail T&C are not always enforceable or even legal. In almost all cases they would have to take civil action and prove loss / damages. There is nothing in copyright law that stops the transfer in entirety to someone when you are dead.
"Shrink wrap" (internal )T&C are unenforceable in most countries. Copyright is what counts.
This "battle" was fought and lost by "publishers" and sellers of software*. Even transfer while you are alive is possible if there could be proof that you have no copies. They can only sue for breach of copyright. Anything else in T&C is misleading.
Loans/Subscriptions are different.
[* packages costing $10s of thousands, so the vendor risked going to court]
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