The EULA may be on a printed piece of paper inside the package. Yes, you will have to break the shrink-wrap on the package.
However, the Apple store you got it from might still take it back.
Now hurry up and get on your soapbox and do your thing about EULAs and legality and blah blah blah so we can get it over with. Not targeting you, personally, but I've seen this whining come up time and time again and it just gets old.
At this point, it should be common knowledge amongst anyone at enthusiast websites/forums that there are EULAs inside shrink-wrapped software packages and that stores often don't accept returns on products that have the shrink-wrap broken.
I suppose if one really cared, you could open the package in the store and look for the EULA right in front of the clerk. Or, look on the vendor's website or call them to find out the terms before purchasing their products. Or, don't ever buy any software ever again since most commercial products have EULAs like this and you're screwed once you open the package. Linux forever, opensource yay, etc.
I'm not defending the practice. Hell, when you buy Vista, you don't even buy the product--you're buying a license to USE it and only on ONE computer EVER, which may be revoked at any time. It's even more of a pain in the butt to transfer Vista from one physical machine to a different one, if you wanted to try, than it was with XP. I am wholely against that practice AND the stealth EULAs inside shrinkwrap; some even are only on the installer screen!
It's just that I'm sick of hearing about it time and time again since nothing ever changes. In the end, people still buy the stuff and still ignore the EULA anyway when it suits them.