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.