I would like to point out the following from the user license as it is written on this site:
"You can make as many copies as you wish and distribute it to anyone, provided that all files are left intact and you do not charge any money for it. You may not sell it or make any other commercial profit with the FMS. One exception could be made if the FMS is been shipped with some other product; this may be allowed, if you have the written permission of the authors first. The condition remains that it is evident to the authors, that you do not make any profit from it, and it has to be obvious to the customers as well that the FMS is freely available."
While the link you posted for the e-bay item in question goes to an ended auction, I have investigated another e-bayer selling his hardware with FMS. I assume, (

we all kknow what THAT means LOL) that this is the same guy. If so, and you follow his links in his sale to his information, (I may have read it in a E-bay forum response I cant recall now), you will note that he appears to be following all the rules, telling the buyer that FMS is in fact freeware and providing information on the download. So, nothing improper is being done here, end of subject.