We’re currently developing an Augmented Reality application for mobile platforms. The app itself will be downloadable for free. However, for the app to work, there are AR markers required. For now, these markers will be available both as a free download on our website and printed in some magazines. However, the plan is to soon offer development of custom content and markers to clients. The app will always be free to download. However, how clients distribute their markers would be out of our hands. We would be paid for creation of said custom content.
I guess the first question is whether these markers qualify as a Product under the EULA:
“Product” means any product developed under this Agreement that is made using the Licensed Technology or that combines the Licensed Technology with any other software or content, regardless of how much or little of the Licensed Technology is used.
We’re having a really tough time answering this ourselves, since the markers could be pretty much anything that’s printed or shown on a screen. We don’t require special markers like QR codes, for example. An article or an ad in a magazine could be the marker. We see Augmented Reality as technology that enhances content that already exists. E.g. a magazine article can be read without our app, but the user could open our app, point the camera at the article and see an interactive 3D scene appear above it on his screen. Would this article be considered a “Product” as defined in the EULA?
Also, while we offer all markers on our website and both app and all content can be used for free, is there any royalty due at all?