Corelgott, as you have probably already figured out none of us here are Microsoft licensing experts and even if a few of us are, nothing that we say would satisfy your legal department since they would not be officially representing Microsoft. (And if you say "But I don't have a legal department so there's no worries!" just remember that you will still have to stare down the barrel of a loaded prosecuting attorney should an audit turn ugly)
There is one and only one way to get this resolved: Call up a Microsoft licensing specialist and talk to them directly about it. Of course, this is glossing over the fact that if you ask two Microsoft licensing specialists the same question you may get four conflicting answers, but I digress. Talk to an agent about it, get their answer in writing (email) or document the case number that they give you over the phone. Furthermore, you may want to call a second time on another day to get a different agent and ask the same question. Of course, their case notes will show that you called previously, but just say that you wanted to get a second opinion if they mention anything. Of course, document the second call in the same manner as the first.
Finally, talk to one or multiple of your favorite reseller sales reps. Many of them have taken vendor classes to untangle the mess that is licensing. Or, if they're not experts themselves, someone at the reseller will be and they can hand you off to them. for instance, I just called my reseller who is something of a Microsoft licensing expert and got an answer to this question. I won't elaborate too much because I want you to find out for yourself... and I don't want to be cross examined by your prosecutor. =)