If you don't agree to the EULA you don't have a license to use MacOS at all, which means you downloading it is (in many countries) a crime. The question whethe

If you don't agree to the EULA you don't have a license to use MacOS at all, which means you downloading it is (in many countries) a crime. The question whether or not a EULA is enforcable is only relevant for products you bought which have software preinstalled - it is often argued under First Sale (and similar) that the EULA isn't applicable.