I think you're quoting a rather old EULA. Here's the one I have for Lion: 2. Permitted License Uses and Restrictions. A. Standard and Preinstalled Apple

I think you're quoting a rather old EULA. Here's the one I have for Lion: 2. Permitted License Uses and Restrictions. A. Standard and Preinstalled Apple Software License. Subject to the terms and conditions of this License, *unless you obtained the Apple Software from the Mac App Store*, on Apple-branded physical media (e.g., on an Apple-branded USB memory stick) or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these standard single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware.