&gt;but legally you have agreed to follow the license &#x2F;&#x2F;<p>I&#x27;d say &quot;are bound by the license&quot; - however if you download Xcode from the app store do you get &quot;adequate notice&quot; of the browse-wrap license?<p>Can&#x27;t personally inspect the license from <a href="https:&#x2F;&#x2F;itunes.apple.com&#x2F;WebObjects&#x2F;MZStore.woa&#x2F;wa&#x2F;viewEula?id=497799835&amp;mt=12" rel="nofollow">https:&#x2F;&#x2F;itunes.apple.com&#x2F;WebObjects&#x2F;MZStore.woa&#x2F;wa&#x2F;viewEula?...</a> as it redirects saying one needs the Mac App Store to do that.<p>A license can restrict use, but copyright concerns copying. They allow copying of the code, which is necessary for use, but attempt to acquire acquiescence to their license terms. I&#x27;m not sure however as there is no consideration how users can be considered to be under license. In short if the copying is fair-use, which it looks like it reasonably could be, then how can the use be controlled?