Based on what? Do you know of a single end user client that's complaining that they don't have the source code to the tools? More than likely they do.
Or are you saying that the license applies to the 'end user', the person unknowingly and/or unwillingly being monitored by the injection of this software onto their devices?
Is that really a road you want to go down - that people with no knowledge or consent are still parties to a license? The whole "click through" EULA thing is bad enough. Now I can come along, commit a felony to install something on your computer without your knowledge and you're still a party to the license of the software I installed.
Or are you saying that the license applies to the 'end user', the person unknowingly and/or unwillingly being monitored by the injection of this software onto their devices?
Is that really a road you want to go down - that people with no knowledge or consent are still parties to a license? The whole "click through" EULA thing is bad enough. Now I can come along, commit a felony to install something on your computer without your knowledge and you're still a party to the license of the software I installed.