[moomin]

Assume for a second this is correct. What's to stop virus writers from embedding a ToS preventing Microsoft from running the code?

I'm not saying you're wrong, I'm saying it's really hard to work out how this is meant to work.

[0xffff2]

I don't think a virus is relevant here. I'm not a lawyer, but the idea of a "terms of service" for an unwanted and maliciously installed executable seems nonsensical. Virus authors can include whatever TOS they want, but the "user" hasn't agreed to the TOS practically by definition.

[GhettoMaestro]

Unfortunately the law doesn’t view common sense answers like that as easily as you and I.