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I understand your concern in being sure of the license agreement.
I am not an authority on this issue; however, according to this page:
ODP.NET: Free and Fully Supported
There is no charge to develop, test, deploy, or distribute ODP.NET....ever! Unlike third-party ADO.NET drivers which charge for use, ODP.NET is free. If you already have Oracle Database support, then ODP.NET support is included for free.
I would normally recommend people consult their local sales representative for any license questions; however, since ODP.NET is not licensed or sold (i.e. no specific cost to purchase) I don't think that applies in this case.
Sometimes the Product Manager (Alex) posts on these types of questions so perhaps he will do so here too.
Yes, it's legal to distribute ODAC software downloaded under the OTN Dev and Deploy license as long as you comply with the redistribution terms laid therein. However, I can't comment on whether specific forms of commercial distribution are compliant with the license because I'm not a lawyer nor have I discussed with Oracle's legal counsel exactly what those specific distribution scenarios were intended to be permitted.
It's best to consult your company's legal counsel for the definitive answer.