Also if you get the update via windows update you get the patch without having ever agreed to the no-benchmarking clause, so you're free to publish anyway.
Windows Updates used to pop up an EULA to be agreed upon before installing certain anti-malware related software, not sure if that's the case anymore with Windows 10 auto-install-and-reboot procedure. I wonder if Intel could/would try to have Microsoft insert another click-to-agree EULA for this upcoming patch?