The copy i've bought in-store make me think they were either exceptions to this, or it is wrong. (Granted, maybe not at Best Buy, but it was definitively buyable at EB Games.)
I had pre-ordered mine from Future Shop (before they disappeared for Best Buy) and on launch day they told me they weren't selling the game because of the agreement thing.
Then I went to EBGames and bought it.
And it DID have French and Spanish...
I don't know anymore...