Unrelated question regarding this part, since you seem to be an expert on this:

> If what you do with a copyrighted work is covered by fair use it doesn't matter what the license says - you can do it anyway.

How is it that contracts can prohibit trial by jury but they can't ban prohibit fair use of copyrighted work? Is there a list of things a contract is and isn't allows to prohibit, and explanations/reasons for them?

The general answer is because there is a statute or court opinion that says so for one thing and a different one that says something else for the other thing.

It's also relevant that copyright (and fair use) is federal law, contracts are state law and federal law preempts state law.