Sorry, it's as clear as day from the wording that "the Software" and "AmigaOS 4" are two different things. If they weren't, there would be no need to keep reverting between one and the other, and simply call "AmigaOS 4" the software consistently and definite it clearly in the index.

As for claiming 3.1.4 wouldn't fall under AmigaOS 4 because it has some "backported" code - it's like putting your own sprinkles on someone's cake in the workplace fridge and claiming it was yours. Not gonna wash.