one the user is not entitled to make
By the letter of the EULA, you are correct... just like no one is entitled to drive 56 in a 55 zone.
"well the spirit of not pirating is so they don't lose money, but I wouldn't have bought it anyway, so they didn't lose anything, so it's OK."
But this is an example of a copyright violation, because downloading and using the pirated copy constitutes unauthorized distribution. Unauthorized distribution is what EULAs are designed to deter.
If you bought a copy of my latest album, burned a thousand CD copies, and put them all in a box in your basement where no one but you would ever see and enjoy them, what would I care? As long as those CDs stay in your possession, you're not violating anything or affecting me in any way.
But as soon as you sell one or give one a way, then it's another story, because someone is getting the value of my music without paying me -- the owner of the music.
That game can be played all day long, and IMO it's hypocritical to condemn it in one way, then practice it in another.
By the letter of the law, people who drive 1 MPH over the posted speed limit are hypocrites for shaking their fists at people who drive 30 MPH over the limit. But common sense is all that's needed to understand the folly of the hypocrisy. Both are technically moving violations, but only one is a threat.
EULAs are designed to deter the threats, like IP theft and unauthorized distribution, but in order to cover all the ways in which that can happen, the EULAs have to be written somewhat ambiguously and all-encompassing to be as concise as possible. When a EULA is followed to the letter exactly as written, there are no threats to the developer. But even when it is not followed to the letter, there still may be no threats to the developer.
I would never advise someone to outright disregard a particular developer's EULA. Rather, I would advise them to contact the developer for clarification. But generally speaking, if you want to do something as apparently harmless as driving 5 MPH over the limit, I have no problem with it.