Ok, now this is just confusing:
Itâ€™s clear that products like Titanium, Unity3D, Ansca, MonoTouch and others are now a bit in question for iPhone 4.0+ with this language. Weâ€™re all trying to get our heads around what this means and trying to reach out to Apple to get clarification.
I called up Apple to ask for details about how this affects Appcelerator & Unity3d as particular examples that Iâ€™d been planning to use for games and utilities, and whether I can get a refund for my program fees if I were to not accept the updated agreement.
The rep was very pleasant and polite and took my information to escalate the question; the CSRs of course donâ€™t have immediate answers for this. I was told someone should get back to me within 24 hours.
If yâ€™all also call, please above all be polite â€” customer service reps are real people too, and they didnâ€™t write the agreement! Be polite, accept being on hold gracefully, let them know how this would affect your future development plans, and be specific about what questions youâ€™re asking and what answers you need.