Apparently there are moves afoot to try and get rid of this ambiguity worldwide but, so far, not too much success. According the PANS-ATM Doc 4444, the basic idea is ATC should come up and say something along the lines of "Climb F350, level restrictions of the XYZ departure cancelled". As yet the USA, among others, has not adopted this change and has 'other procedures'.
I know it doesn't help your individual situation that much but, unless told otherwise, I believe we are required to follow the level restrictions on the SID.