I never included find.exe in any of my themes. :P I did include sysmeter.exe in some of them though, because my themes actually depended on sysmeter since it was used to display system stats.

Putting find.exe in MiscDir is not something that's disallowed under the OTS, but this seems like a matter of personal user preference, i don't think a theme could possibly depend on find.exe for anything. It would be better to setup find.exe in PersonalDir somewhere so that it's accessible to you everywhere.

Licensing (for distribution) may be an issue, i'm pretty sure this utility was shipped with PowerDesk or something like that. It's several years old though and I doubt they care, but you never know. ;) Never stopped anyone in the past. ;)