@Wolfe
Are you a lawyer? In a court of law, an end user can be anyone currently in possession of the item in question. If genesi sells, packages or promotes OS X with the Pegasos they can be liable. End User is a generic term.
No, I am not a lawyer, but I am not an idiot either. Which is why I said
as they are not End Users. At least not in their functions as resellers.
Certainly, if they do the installation, then their tech clicks the radio button and thus agrees. They would be foolish to do the install.
But, again, you are debating definitions, not principles. The principle is that this Eula item should not exist. Not in Amiga OS or OSX, or Sony's Lesbian Sex Kittens from Mars.
A EULA is an agreement, and can be negotiated.