Will wasn't writing about "agreements", he was explicitly making the point that for him it is indeed not worth $3k to agree to lower his ethical standards. He was writing about the non-disparagement clause, not the contract. Maybe you didnt't read it carefully, like you didnt read your PS3 EULA, because most software EULAs, including the ones from Sony, do not have non-disparagement clauses. Employment contracts have also enjoyed a lot of time and exercise in court, and have been routinely enforced. software EULAs have not, and are widely considered unenforcable. So, your analogy doesn't really work.