> But a license is _not_ a contract (not in US law; it may be in other places but there usually all the other laws are different as well).
I suspect you're thinking of a EULA hidden inside the box, which the customer can't read, and therefore can't agree to, before purchasing the boxed software.
Since the buyer didn't agree to the contract prior to purchase, it's unenforcable.
> A license is something that gives you certain rights that you wouldn't have without a license.
Something that gives you certain rights is also a contract, in many cases. More specifically, a contract is something that gives you certain rights, in exchange for something, which you accept, on purpose. So a license is also a contract if a) it imposes some condition on the recipient, b) is accepted by the recipient and c) both parties intend to "strike a deal", to get the advantages offered by the license contract.
The elements of a contract, in simplest terms:
person A: I'll do X (or let you do X) if you do Y.
person B: Okay, I agree, I'll do Y.
A contract that is also a license:
person A: I'll give you a right to copy my work, if you refrain from commercial use. (Creative commons license, non-commercial)
person B: Clicks "I agree to the license"
The only questionable part is whether person B, in agreeing to the CCL, agreed not to render the design for commercial purposes.
They may have meant that they agreed not to sell the design itself. Clear wording in the license will fix that.
In a specific case, there may be emails where the licensee said they understood the license agreement to mean they couldn't
use the design, including printed copies, for commercial purposes. If so, they are in violation of the agreement. They made a
deal, they understood the deal they made, and they violated the deal.