This isn't my area of expertise unfortunately.
The EULA specifies templates, graphics...... etc supplied with the software are not permitted to be distributed, so if you create a spiral or template yourself then it's free to do what you wish with it. As far as I'm aware XaraTemplates are created from scratch so up to them what they do with their templates (including selling them commercially).
As it comes to modified templates, I don't believe technically this is permitted as covered by the "in any form" clause, but again, not my area so don't take my word for it. That being said, we do ask for them anyway to view the problem and officially I guess this should be done in private PM's. At the same time, I don't think it would be enforced unless it became a problem.
This would be better asked at
legal@xara.com for an official statement (which will probably be along the lines of nothing is permitted anywhere at anytime lol)