I believe First Sale trumps license terms. It’s about time software companies realize their products have to play by the same rules as all other copyrighted works.
Copyright, and the DMCA, is federal. 17 U.S.C. §109(a):
Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.I know the precedent is contradictory these days, but the plain language and intent is that First Sale trumps the EULA. It has trumped such attempts for almost a hundred years, and companies should not be able to get around it with semantics.