It doesn't have to. You have overlooked the clause early in the license that states that all rights are reserved unless otherwise stated. They are not required to exhaustively list everything one of the thousands of things you cannot do.
The license says that you can install and run one copy of the Apple system software on one computer. That pragmatically precludes any usage with Fusion (or Parallels) since they require a host OS.
[putting aside hypervisors for the moment.]
The only "out" you get is that Apple allows the license to be upgraded with an software upgrade. Those who get Lion may loop their usage of the
subset of the "apple software" that is SL may be used with the upgradedd Lion license. Running without a Lion license is likely a problem.
Thanks for the reply, but I didn't overlook that. I acknowledge it. I just don't see it as relevant to excluding virtualization. People are discussing now Apple allows virtualization of SL Server but not SL. Where does it say that? They're not referrng to the "all rights reserved" clause you're talking about.
Furthermore, as I mentioned, you're obviously in compliance if you install one (virtualized) copy of SL on Lion, provided that 1) it's your only copy under a single-license EULA, or 2) it's one of five installations under a Family Pack license. That is, the host OS and the virtualized OS are different, both presumably purchased, each with its own license for "the Apple system software."
If we're getting down to the semantics of "the Apple system software" we could be up all night. But it seems plain that the "the" refers to the software with which the EULA was bundled. That is, "the Apple system software" in the EULA that came with Lion refers to Lion, and "the Apple system software" in the EULA that came with Snow Leopard refers to Snow Leopard. That is, "the" means "this."
Incidentally, the
EULA for Mac OS 9 also doesn't explicitly disallow virtualization, and no one seems to have a legal issue with that. If Apple didn't want us to do it, they'd specifically say so.
EDIT: I just took a look at the
EULA for AirPort Software, as an example. The license refers to the use of "the Apple Software." If your interpretation of "the Apple system software" is correct (in that it excludes the use of any other Apple system software), then the AirPort license excludes the use of any other Apple software. Both are, of course, incorrect:
any EULA's terms refer only to the piece of software with which it was bundled. This blocking of SL Client virtualization clearly came from VMWare and Parallels, not from Apple. Why they did so it still unclear to me, but I'm glad VMWare has seen the error of its ways. Let's hope Parallels follows.