I think you are arguing semantics, and that 'Agree' usually means something different in this context.

Agreeing in this sense usually means 'Agreeing to follow rules' rather than 'Agreeing that the rule should exist'.

For instance - I'm sure plenty of developers don't agree that Apple should get a 30% cut and don't want to give the money to them, but agree to let this happen in order to use the store. Most developers probably think that they should be able to take platform on any payment platform they wish, but again agree not to do it because those are the T&C's. Agree usually means 'Agree to do or not do something' rather than 'Agree something is the right thing'.

It's not semantics. You're simply miss-understanding the nature of the offer because Epic is misrepresenting it. Apple was offering Epic to let them back in the app store if they dropped the case, that's what agreeing means, and they haven't dropped it.

If Epic wins the appeal, the ruling will be overturned and Apple could lose on all points. That's not an acceptable situation for Apple and as long as Epic is holding that over their heads, Apple won't make a deal.