Wednesday, December 31, 2014 4:55:04 AM
1. Register as an Apple Developer. This will give you
The license explicitly says that the developer does not enter into an agreement or agency relationship with Apple (Clause 1). There is nothing in this agreement that mentions anything about virtualization. It mostly goes over developer benefits and services (ie. training material, lab environments, support, etc).
2. Sign in to the Mac App Store. This is so that you can download XCode later on. This step requires that you agree to the Licensed Application End User License Agreement ("Standard EULA").
The Standard EULA applies to each Apple Product that is obtained from the Mac App Store. If the product that you obtain has its own governing EULA, the terms of the Standard EULA are rescinded. Since all we want is XCode, and it has it's own EULA, we can ignore the terms from the Standard EULA.
3. Download Xcode from the Mac App Store. This will give you the development environment and access to all necessary tools including all Apple SDKs (collectively, the "Developer Software"). This step requires that you agree to the Mac SDK and XCode Agreement. This agreement supersedes the Standard EULA.
You can only use the Developer Software on an Apple-branded computer (Clause 2A, 2B). The developer MAY OPTIONALLY opt-in to the Mac Developer Program subject to additional terms and fee (Clause 5). The Mac Developer Program allows the developer the option to distribute OS X applications (not to be confused with iOS apps) to the Mac App Store. Since creating an OS X application under the Mac Developer Program is not a mandatory requirement and you can legally distribute OS X applications to Apple and non Apple devices without violating any Apple agreement, we can safely ignore all terms under this clause.
4. If the intention is to develop iOS apps, the developer must agree to the iOS SDK Agreement ("Agreement") - scroll to page 7. It's the same PDF document as above.
One of the first things that you will read (in bold) is
This note is then formalized into clause 2.2 Permitted Uses and Restrictions.
There is a loophole/gray area here that you do not realize. To make the iOS app work with Glassware, all the developer needs to do is package the iOS app and submit the package to the Glassware server. NO WHERE does the developer directly install or use the app on another iOS Product or submit the app to the App Store. As a result, the developer does not need to develop the app under the iOS Developer Program and agree to its Program Requirements (which has a restrictive clause to do with distribution). Non-Apple devices will consume the app by proxy through a native Glassware "wrapper" app or worse-case, via an HTML 5 interface through the browser.
Also, "jailbreaking" has legally challenged the requirement for being a member of the iOS Developer Program in some jurisdictions.
Also I just want to make a few clarifying comments on your previous post. The "Apple Software" you mentioned in the first link to iOS Standard Agreement is in reference to "(a) the SDK, (b) the iOS, and (c) the Provisioning Profiles, and includes any Updates to any of the foregoing that may be provided to You by Apple." This is defined under Clause 1.2 definitions. It does not refer to what you mentioned as operating systems and third party apps.
I'm not sure where you got the 2nd link but looking at the URL "/legal/internet-services/itunes/appstore/dev/stdeula/", it looks like it is the EULA for the iTunes App Store. Which would mean any application being distributed via the App Store, which does not apply here with Glassware.
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