You won't get a more "official" response than http://www.pragma-ade.com/general/manuals/mreadme.pdf
". . . and don’t bother discussing licence issues and related things with us for the mere sake of discussing licence stuff."
If someone wants to use ConTeXt commercially I advise her to contact Pragma ADE, if only to get a support contract (if they offer such a thing).
http://www.pragma-ade.com/general/manuals/mreadme.pdf In the readme above we can read on page 2 (about the code it self): "The program code (i.e. anything not under the /doc subtree) is distributed under the Creative Commons GNU GPL" and "The GNU General Public License is a Free Software license. Like any Free Software license, it grants to you the four following freedoms: The freedom to run the program for any purpose." So I don't really see any issues about using Context commercially, as long as someone is not trying to create a new system named "MyOwnTex" that is based on Context, and trying to distribute it without obeying Context's license. That's what it's told on the end of page 2 and beginning of page 3 of the readme: "If you modify your copy or copies of the program or any portion of it, or develop a program based upon it, you may distribute the resulting work provided you do so under the GNU General Public License. Any translation of the GNU General Public License must be accompanied by the GNU General Public License." As someone said the Docs (page 4 of the readme) are shared with a different, noncommercial license. Miguel Queirós