If not even humans satisfy your definition of agent (which was, at least a couple comments ago, a tool possessing “real world intentionality”), then why is your version of the tool/agent distinction worthwhile?
My impression is that the tool/agent distinction is really about whether we use the social-modeling parts of our brain. It’s a question not about the world as much as about what’s a fruitful outlook. Modeling humans as humans works well—we are wired for this. Anthropomorphizing the desires of software or robots is only sometimes useful.