The license also says “unless otherwise required by applicable law”, and applicable law here in the US is the DMCA, which says that you can make copies for the purposes of playing the game on different hardware [1]… so long as you don’t need to circumvent copy protection in order to do so. Since the system doesn’t have copy protection, the law permits you to do this even if the license does not.
This is the odd thing about the DMCA… rights holders can prevent you from doing something in their license, but then the law can override that by allowing you to said thing… unless there is any sort of copy protection involved, in which case the law doesnt override the license.
- [1] Here I’m interpreting this as “format shifting”, which has largely been considered fair use by the courts. It’s the reason Apple got away with selling the iPod with CD ripping software and told customers to rip their CD collections… since CD’s didn’t have copy protection, the DMCA provisions didn’t apply, and thus it was not explicitly illegal to copy your CD’s to your iPod. And the prevailing view was that copying your own CD to your own other device was fair use so long as you didn’t sell the copy or anything. I would wager that the ROM situation on the NES/SNES classic is similar.
I'm pretty sure all roads lead to either playing the game or otherwise not doing anything of value to Nintendo whatsoever (ie who cares if you bury a box of roms in your yard)
