Does SEOmoz Violate the Google Terms of Service?

The legal team of a client of ours is concerned with how we propose to automatically collect and store their Bing/Google search placement for reporting purposes. We're aware of the terms listed on the search engines' websites, but there are tons of companies like SEOmoz and many others that have made a business out of doing this.

Obviously Matt Cutts and the Google team know what Rand and SEOmoz does, can anyone help point to something on the web that shows how/why Google is ok with this? I've found a few people talking about this on the web, but nothing that would satisfy the client's legal dept.

From what I understand, SEOmoz (and others) do not have a deal with Google. They just have a bot that scrapes the search data and stores it for future reporting.

Google Terms of Service
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Google, unless you have been specifically allowed to do so in a separate agreement with Google. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Microsoft Service Agreement
You must not: ... or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Microsoft, or metasearching) to access or use the service.