Earlier quoted context omitted.
What is a “right to use” of software?
If software is licensed, and you don't comply with the license, you don't have a right to use it. Seems pretty straightforward. In this example, if you steal a piece of hardware with embedded software on it, it seems unlikely that you're licensed to use that piece of software.
(1) Buy an alarm clock with an embedded chip
(2) Contained in the packaging was a link to a license agreement. You never read it and certainly didn't agree to it.
(3) A year later, weekday alarms are remotely disabled because you've used up your free trial. The license specifies $3/mo as the rate to continue being woken up on weekdays.
Courts are already not upholding a lot of this "reading this ToS constitutes agreement to all future versions" bullshit in modern software, and I doubt they'd be friendly to the idea that somebody can be beholden to a contract they had no good reason to even know about.