Its not getting any better.
2.5 “Niche Applications” means an application developed by
Licensee (i) using the SDK; and/or (ii) including the Software
Components (and any Updates, modifications and/or patches or hot
fixes thereto that Tobii may make generally available from time to
time) that is or is intended to be licensed, sold, or otherwise
disposed of, separately or as part of a system, application or other
technical device, for a price of more than US$800 or for more than
US$400 per year if licensed or sold per subscription, lease or
similar.$800 or $400 subscription… uh… there is nothing in there about end-users, so if I develop an application that uses the SDK and sell it to some company for 801$ I am not legally allowed to according to that.
801$ does not even pay for food for one month, so I doubt I will ever pick up developing with the SDK if it requires me to have a commercial license for earning small change. How about putting some sensible values in there, so that single developers can actually SURVIVE programming something specifically for your hardware?
For example:
If revenue for an application exceeds 2000$ a month or 15000$ a year a commercial license has to be bought.
Or:
You have to pay 5% of any revenues to Tobii.
Have you looked at other SDKs/engines? I can pretty much get the Unity engine for free without having to pay anything, even if I develop a 1 million$ topseller.
Why do you think it makes sense to restrict devs with a commercial license when you really should be trying to get as many people as possible programming for your hardware? It should be obvious that your hardware is worth next to nothing if there is no high quality software out there that uses it.
I would be interested to create software, but only with a liberal license. The risk that your hardware totally fails on the market is much too high for me to mess with a commercial license.
Just some personal thoughts from me. 😉