Maybe, but darned if I'm going to be the one to take the legal risk of installing it.
I'm willing to put good money that MS is not going to sue anyone for using this
I am extremely doubtful that they would. And yet, using it under that license is taking the legal risk that they'll act kindly even though they have the right, under the license, to be jerks about it.
Is MS going to be a jerk about it? Almost certainly not. Could they if they wanted to? Sure seems like it.