Ah, so it is v3.06 of rev 2047 for feb 03, 2010! Quite some several hundreds, if not a thousand revisions ago, because the current revision is r3607 for NativeXml.
The license of this revision states:
Copyright (c) 2003 - 2010 Simdesign BV. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list
of conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
THIS SOFTWARE IS PROVIDED BY SIMDESIGN BV "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SIMDESIGN BV OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
So Embarcadero must reproduce this license and acknowledge SimDesign BV as the copyright holder in their source code and/or documentation.
Somehow I am proud that they (embarcadero) chooses SimDesigns NativeXml sourcecode for their internals. However, what I do not particularly like is that they have not publicly admitted that they are using my sourcecode and I have not even heard an offer to give SimDesign a version of XE2 so I can test with NativeXml. Also, the rev2047 is very old and is bound to still have many bugs which have since been fixed.