They can disagree all they want, but it is on them to prove that I agreed to buy a license, when I am physically holding something I bought. I didn't have to sign a contract for it. Adding terms after the purchase makes it a post-purchase agreement and that is unenforceable in most western jurisdictions.
Anyway, as I replied to the other guy, Venor v. Autodesk shows that some courts have upheld "shrinkwrap" licensing. I don't think it's a settled question in US law.