If it says things like ((1) Licence) on the box, if it refers to a URL where you can review the licence before purchase, if it's set in a different section of the shop to the one where items are sold...
(Yes, it's technically possible that the same product bought in different places and under different conditions could be construed to be a sale in one place and a licence in another. Nosebleed!)
In practice, they don't do these things because it'd torpedo sales.
Also, even in America, it's
not clear-cut.