I'm going to check with CoreCodec (the folks helping us administer x264 LLC) and see what's going on here. If they're abusing the terms of the license, we'll make sure things get fixed. If not, we'll publish all the changes they've made -- and honestly, I would be shocked if they've done anything significant besides change the program name.
Very nice find, I'm ridiculously happy that that provision is in there.
So then it may well be they have their own software that determines x264 settings as I outlined above.