No it doesn't. It can not bind someone that has not agreed to it. A failure to agree might mean they are infringing on copy-right and is liable for damages, but it is wrong to say it binds everyone that distributes it.
They are distributing it without the right to distribute it. The only thing that allows them to distribute it is agreeing to the license/contract to do it in a specific way. If they don't do that, they don't have the right to distribute it. The person they got it from saying otherwise doesn't change that.