Each version of (Mac) OS X's SLA is referring to that version of (Mac) OS X hence each versions SLA is in a version specific named .pdf file and as such "... that is already running the Apple Software..." is that specific version, not the version in a different SLA! Also Mac OS X 10.7 and OS X 10.8 downloaded from the App Store are considered Upgrades as it requires a qualified previous version to be installed to install it as downloaded from the App Store. Obviously one can create separate DVD/USB Installers to do Clean Builds and at that point not comply with the intent if one so chooses.
As a VMware KB reference, "You cannot install OS X 10.8 on a Mac running OS X 10.7. For more information, see Apple's Software License Agreement for Mac OS X 10.8 (Mountain Lion)." in Installing Mountain Lion (OS X 10.8) as a guest operating system in VMware Fusion 5 (2033778).
Additionally the Compliance Officer at the Government Agency I do contract work for showed us in writing from Apple what was required to be in compliance with the SLA for the project we were doing and while how I said what I did was paraphrased nonetheless it correctly expresses Apples response to the Compliance Officer.
Anyway, Users are going to do whatever they choose to regardless of the SLA and the only difference for me in these forums is, I'm not going to help someone I know is openly violating the SLA or the EULA for any other software too! 