The profiler appender (hibernate-profiler.jar) is used by the profiled application. As such, it is permissible to add this jar to your source control repository so that all the developers will have access to it.
This does include developers that do not have a license for the profiler.
However, this exemption does not give you a license to redistribute the appender jar file. If you are building software that is shipped to 3rd parties, you must remove the appender jar as part of the build process or use the manual configuration option.
If you are interested in distributing your application along with the Hibernate Profiler appender, please contact us for a quote for the redistribution rights.