In what sense is it unfair or do they get a pass? I’m asking in earnest. My impression is that you may be confused about the dynamics or are just trying to compare Apples to Oranges out of distaste.

No one at Apple paid for a macOS license on your behalf in any sense a legal regime might recognize so there is nothing to be refunded if you choose not to accept the license. It’s one of the many, many structural advantages of vertical integration.