My memory on the licensing of ESP to Lockheed to that they could create Prepar3d is fuzzy, but iirc they licensed it just like they would license an SDK or API to a company, I believe they still own the full rights to do whatever they want with ESP, which means that they could use that technology, or they could do something I expect them to do, Scrap ESP and start from scratch, eliminating all possibility of licensing issues.
Cheers!
Rahul