Okay, I feel like I’m being overly pedantic here…but we are talking about license agreements.
The two sections that you quote above are both from the Developer License, which, according to my reading of the line I quoted above only applies to applications that use authenticated ESI access. That line again is:
All use of authenticated ESI is subject to the terms of the Developer License.
On the same page as the above line is this:
To use authenticated ESI, you will need to enable your account on the developer site.
You can access plenty of ESI data without registering an account on the developer site and using authenticated ESI access.
I have not been able to find any verbiage stating that the Developer License applies to applications using _un_authenticated ESI access. Maybe the Developer License implies that, but you are only really presented with the Developer License when you are in the process of registering a developer account.