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Actually, the above discussion does not matter. The text reads as follows
2.5 “Niche Applications” means an application developed by
Licensee (i) using the SDK; and/or (ii)…
Since there is an ‘and/or’ it really doesn’t matter what comes next. If you are using the SDK then Tobii considers your application a Niche application per this license agreement. I am sure that was not Tobii’s intent, but that is what it legally reads.
Our problem is that the SDK License Agreement that you have to agree to to download the SDK is not the same as the one included with the SDK. The one that you agree to to download the SDK (V1.1) does not mention Niche products, while the one included in the SDK does. These issues are preventing us from using the SDK at all, which is a big issue. We have tried all avenues to address this, so I am trying the forums now as well.