A better analogy would be an explosives manufacturer saying that it is okay to use their explosives on military targets, but not civilian targets. Comparing AI to pens trivialises its potential impact.

Incidentally the second stipulation, the restriction on domestic surveillance, sounds like direct recognition of the role IBM played in the Holocaust. Of course, the better course of action would be to deny the military access to their technology. But that's not going to happen because there is so much money on the table.