well, I'm guessing that if the software is not legally yours, it follows that you are not permitted to sell it.
you merely purchase the right to use the software, and i think that's non-transferable.
well that's the impression i get from the eula anyway - i'm not a legal expert and there might be consumer rights that supersede this and allow the sale of the license.
I'd argue that the physical disc is my "license" to play the game
Also, EULA's mean ****.