hahaha, if you read the original report by The Guardian link here:
http://www.guardian.co.uk/technology/2011/apr/20/iphone-tracking-prompts-privacy-fears
You will see that it does indeed state the Apple EULA at the end of the article, the part that seems to have been strangely left off all same reports in Mac Rumors, Engadget, 9TO5MAC all quoting The Guardian source

http://www.guardian.co.uk/technology/2011/apr/20/iphone-tracking-prompts-privacy-fears
You will see that it does indeed state the Apple EULA at the end of the article, the part that seems to have been strangely left off all same reports in Mac Rumors, Engadget, 9TO5MAC all quoting The Guardian source