In what way would the EULA/contract be illegal/invalid? The US has a pretty broad freedom of contract. No one has forced you to buy that licensed computer program. You don’t need it to survive. You’re not discriminated against by not being allowed to buy the software instead of a license.

Understand I’m playing devil’s advocate here. I agree that such contracts are morally corrupt, but I’m not aware of anything that’d make them illegal. Only by being truthful regarding the current laws is how we can make change.