>If they find out later on after they're already too far down the road you might hear from their lawyers!

Well, our EULA specifies clearly the end user has to maintain the proper licenses for SQL Server or MSDE.

The first version of our system was using DBF's, i still have about 10 install of it out there, once in while we have support calls concerning corrupted DBF and Indexes and it is really a pain for both the customer and our support team. Since about two 3 years we moved to MSDE or SQL Server, not even once we had a data corruption problem. This makes our customer happy and the lawyers jobless.