You run around this by designing your hardware to only work with your provided software and require the user accept the T&C. If they find out your violating it they can terminate your license and, effectively, make your chips bricks.
You are legally allowed to reverse engineer them and provide your own software but Nvidia pretty much buys whole departments at universities to have the bleeding edge of hardware obfuscation. The stuff they do to make the chips inscrutable is absolutely bonkers.
For software you can also have person A buy something, then give it to person B who didn't click a license agreement. But this isn't really necessary -- the case where Microsoft got slapped for motherboard locking Windows XP and had to undo it shows that if software is integral to the operation of a device rights to its use are transferred along with the sale of the item, much to the chagrin of CNC companies everywhere who have yet to be challenged on this.
It's relatively common for companies to use shell companies or employees to buy hardware off the record for investigative purposes. Place I used to work at would investigate buyers for this reason (difference being we really did give our customers free reign with the equipment, we just had to try to stop fraud and other things).