You decide what you want to do, but I am not legal counsel. That is all that I can say. In fact, I'm one of these guys that don't read much of EULAs... XD
If you think you are able to, you should, but if anything happens, it's...
Will we be able to anyway? Loophole abuse can be something that's a bit trickier than usual to deal with. That said, sometimes, when you think about it, the guys running vBulletin might be able to do the same.