If it is a standard EULA for an editor, I would assume that a remake of Beyond Divinity or even Divine Divinity is perfectly alright. Examples: Baldur's Gate remake for Neverwinter Nights and Starcraft I remake for Starcraft II. They've been doing it years ago like the people who worked on a remake of Warcraft II in Warcraft III. Note that usually, creations with an editor (distributed with a game) gives the publisher/game studio rights to your work.
I don't know what type of EULA Larian will come up with for the editor. One would assume that it is similar with the likes of Bethesda and Blizzard.
If you'll come up with all the resources on your own it should be alright. Now, if we're talking about using resources from Beyond Divinity like sound files, cutscenes, icons, voice files, I'm not sure.
