[coldtea]

>or are they making exemptions from their ToS for themselves

Err, allowing it to your self, is not an "exception from their ToS". The ToS, any ToS, only applies to third parties you provide a service/product to. You're free to do whatever you want with it yourself (within the general law of the land).

It's the same reason someone can't "violate" GPL by giving their own code, they wrote themselves, under a closed license as well, or even stop providing new versions under GPL altogether...