A passing thought while considering the matter:

If you were able to somehow install the software WITHOUT 'agreeing' to the terms of use, I see no legal way you could be bound by them. That would thereby avoid the possible breach of contract liability. So, if you lived in a jurisdication that allowed you to circumvent various protections and you were able to figure out some way to install without popping up the Terms of Use, you should be entirely legal. Of course, you might still have to prove it in court, which could be expensive...