It's free either way. But yes, you are not bound by US export laws in Germany.
However, the second you switch to an US based server, or actually are a US citizen, you are fall under their restriction and export laws.

I don't think putting AES wrs resource support into Gamestudio is a good idea, for that specific reason: Gamestudio has a lot of people from the states using it, and there is a Conitec office in the states as well, which I don't know how much it is involved in Gamestudio... IANAL, but so aren't most Gstudio users, and I don't think it's in Conitecs interest to get US users, or people with servers in the US, into trouble. I mean, just sell your stuff on the Windows or Android market place, or use Akamai as your CDN: You may end up no longer being allowed entry in the US (or get a bunch of police knocking on your door).

If you want resources protected by AES: Implement it yourself (no, don't. Seriously, don't. Use a crypto library with a known track record). I wouldn't trust an implementation by Conitect to begin with, no offense, and you should be able to just do it yourself using add_buffer() and a wrapper over some crypto library (for example CommonCrypto or OpenSSL)