What licence? You don't have to agree to a licence to use a CPU. I mean Intel might think otherwise, but those kinds of licences("you agree to this licence by just opening the product") are not worth the paper they are written on in EU, so even if there is such a licence it wouldn't be applicable everywhere.
Intel could license the microcode update.
I would setup a scenario where safety is a concern (V2V) so you could get court order to benchmark firmware.