Draconian? Yes. But I don't see how anything in the article (or the source at the EFF) justifies the headline (and Maybe Your Soul). Of course it's meant to be hyperbolic, but I don't see how it is at all justified.
Interesting that the EFF used the FoIA just to obtain a copy of this agreement. I would have assumed they could just bluff their way into the developer signup process and then refuse the agreement once they get a copy of it.
Makes better since given the context of the article, for them to not refuse the agreement and talk about it, as the agreement prohibits anyone from talking about the agreement