When installing 11G XE beta on Windows following license is displayed:
Oracle Technology Network Early Adopter License Terms
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Oracle Technology Network Development License Agreement
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Third Party Technology
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Third party technology will be licensed to you either under the terms of this agreement, or, if specified in the program documentation, readme files or otherwise in writing, under separate license terms ("Separate Terms") and not under the terms of this agreement ("Separately Licensed Third Party Technology"). Your rights to use such Separately Licensed Third Party Technology under the Separate Terms are not restricted or modified in any way by this agreement.
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 08/26/10
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Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.
which is different from http://download.oracle.com/docs/cd/E17781_01/license.112/e18068/toc.htm#BABHFGHA regarding production or commercial purposes.
This release being a Beta, the license terms are slightly different.
Also nobody use Beta for production systems, so "Early Adopter License Terms" fit for its purpose...
Link OP posted pointing to licence for final production release. This should be under same licence as XE 10g.
At first sight, I was surprised too, but after reading both terms thoroughly I came to the same conclusion that orafad posted above: The text you posted is entitled Oracle Technology Network Early Adopter License Terms. Of course, EA-Terms are different from the ones for the production release. To illustrate the example with software from another company: It was possible to download betas of Microsoft Windows "for free", but it was just for evaluation, testing and "early adopting" purposes, not for productive use. Similar rules apply here. The final release will definetly not be published with that EA License. Oracle has published a draft of the final terms so you get an idea of what you'll be allowed to do with the software you evaluate when it will be released.