Unofficial information from David Champion

https://forums.embarcadero.com/thread.jspa?threadID=76231

“In fact we do listen to our customers and make representations to our developer group in the USA. Subsequently the EULA changes you were worried about have been dropped altogether.”

From an Embarcadero employee in Europe.

Let’s see if it gets officially confirmed by an Embarcadero representative or a final version of the EULA…

Edit: confirmed and the clause is no longer present in the release XE3 EULA.