Hi @arifh, thank you for your patience. Please allow me to try and deal with your queries.
Regarding commerical distribution. Yes, you can develop and sell(distribute) software using an existing Tobii eye tracker. But remember you cannot resell the actual tracker unless you have a reseller agreement with a distributor.
In greater detail, please find below the following excerpt below from the licence agreement:
Grant of License.
3.1 Grant of License. Subject to the limitations specified in this Agreement and during the term of this Agreement, Tobii grants Licensee a limited, worldwide, royalty-free, non-assignable, revocable and non-exclusive license to use the SDK (including the Software Components and use of example code) solely to develop, use and distribute Applications that process data from Tobii Hardware and Software for the purpose of Gaze Interaction Use.
3.2 Limitations. Licensee may not (i) copy (except for backup purposes), modify, adapt, decompile, reverse engineer, disassemble, or create derivative works of the Software Components; or (ii) use the SDK to build software that may be used as an SDK providing API’s that use functionality from the Software Components.
Regarding your query for a robust definition of “Medical Classified”
This is indeed somewhat of a grey area, but we only allow developers to use the SDK in applications that doesn’t involve High risk Use. Having that said, for anyone to deliver an application that uses an eye tracker in this environment will require a tracker that has passed medical classification and Tobii doesn’t have that peripheral today (only Dynavox do). So whatever solution you develop it can’t be for a “high risk use” solution, which doesnt’ appear to be the case based on your description above.
Based on this reasoning and the section 3.1 (above) and 3.7 (below) there is nothing that prevents you from developing your aforementioned assistive applications.
In greater detail from the licence agreemet:
3.7 No High Risk Use or Medical Classified Use. The SDK (including the Software Components) is not fault tolerant, and is accordingly not designed or intended for use in any software or situation where failure or fault of any kind could lead to death or serious bodily injury of any person, or to severe physical, environmental or property damage (“High Risk Use”). The SDK (including the Software Components) may only be used to develop Applications that do not involve High Risk Use. High Risk Use includes, for example, aircraft navigation, military and industrial use, control of nuclear, chemical facilities and of other modes of human mass transportation, as well as medical, surgical, or other use intended to support or sustain life. Furthermore, but nonetheless, the SDK (including the Software Components) is not certified for medical classified environments (“Medical Classified Use”) and Tobii prohibits any such use of the SDK or the Software Components, unless a special license agreement is entered into for this purpose. Tobii disclaims liability for all such use. and use of example code) solely to develop, use and distribute Applications that process data from Tobii Hardware and Software for the purpose of Gaze Interaction Use.
I hope this has answered your query satisfactorily, please let me know if there is any further information you require.