If you are unsure about what action will result in you having to pay for a license for the Oracle Diagnostic Pack or Tuning Pack (or other options come to think of it), then you could use the query below to determine the check conditions:
SELECT NAME, DESCRIPTION FROM WRI$_DBU_FEATURE_METADATA;
This will output the name of the feature and the description of the check that is performed.
You could also see the check "code" if you include the USG_DET_LOGIC column in the SELECT.
In 10G it is immediately possible to see that the AWR is only classed as used if "At least one Workload Repository Report has been created by the user".
In 11G, AWR is classed as used if "At least one AWR Baseline has been created by the user" OR "At least one AWR Baseline Template has been created by the user".
The AWR is licenseable (http://www.orafaq.com/wiki/AWR).
So does this mean you can select from those views? Well Oracle do ask you to in some support situations. So maybe it is reasonable to assume so.
The Oracle 11G Diagnostics Pack doc http://www.oracle.com/technetwork/oem/grid-control/overview/diagnostics-pack-11gr2-datasheet-134502.pdf states otherwise: "These features may be accessible through Oracle Enterprise Manager , Oracle SQL Developer and APIs provided with Oracle Database software. The use of these and other features described in the product licensing documentation requires licensing of the Oracle Diagnostic Pack regardless of the access mechanism.".
The Oracle 11G Tuning Pack *does not* say the same: http://www.oracle.com/technetwork/oem/grid-control/overview/tuning-pack-11gr2-datasheet-134450.pdf
But, the tuning pack APIs use features included in the Diagnostic Pack. Chicken and egg.
I guess it's open to interpretation. Better stay safe and ensure that you don't hit any of the checks.