My thought would be that an advertisement for a commercial product would fall under commercial use...even if that particular object wasn't the item being sold. For example, an ad for Nike shoes isn't going to show Reebok t-shirts without some sort of arrangements being made with the Reebok company beforehand. Another example is music used to enhance the ad...you aren't selling the music, but you still have to have permission to use it. I don't know if that's the legal stance on that...but that's how I'd perceive it.

As for the second example, most people include a "no redistribution" rule in the readme. Aside from that, I would think that it would be "guilty by association" in terms of commercial use. But I'm not a lawyer and can't argue my way out of a paper bag so I'd probably lose if I made a case out of it. :)