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Kinect for Windows SDK 1.6 is available for users to download. What I enquire is: Can I publish a commercial game with it? Do I have to apply for anything?
I've searched through the Microsoft's Kinect documentation about the subject but failed to find the information I'm looking for. It is impossible to publish a game for XBOX using Kinect, I know that. But what about Windows?
Probably even if you wanted to make games for IOS, Microsoft/Bill Gates would not get upset as those apps require the Kinect Sensor which they produce... But from what I've read kinect is also available for Windows applications as the Kinect for Windows, it is about 20% more expensive but it is legal to use it on your pc. You can make any application you want. But you are not allowed to encourage people to use the Xbox Kinect sensor on your Windows apps, instead they should require a Windows Kinect sensor. http://www.microsoft.com/en-us/kinectforwindows/purchase/
http://www.microsoft.com/en-us/kinectforwindows/develop/sdk-eula.aspx
Paragraph 1) b. of the end user license agreement has the answer to your question.
Restricted Use with the Kinect for Xbox 360 Sensor. The Kinect for Xbox 360 sensor is sold subject to the terms of a Limited Warranty and Software License Agreement that permits use of the device solely in connection with an Xbox 360 or Xbox 360 S console. Notwithstanding this restriction in the Kinect for Xbox 360 sensor Limited Warranty and Software License Agreement, you may use an unmodified Kinect for Xbox 360 sensor to assist in the design, development, and testing of your Kinect for Windows Applications, subject to the terms and conditions of this agreement. All of the other terms of the Kinect for Xbox 360 Limited Warranty and Software License Agreement remain unchanged. You agree that end users of Kinect for Windows Applications are not licensed to use Kinect for Xbox 360 sensors in connection with such Kinect for Windows Applications, and that you and your distributors will not directly or indirectly assist, encourage, or enable Kinect for Windows Application end users to do so.
You can: 1) Make apps both for Windows and Xbox.
2) Keep in mind that the Windows apps require a Windows Kinect sensor, and Xbox applications require an Xbox Kinect sensor. If you make apps for Windows Kinect you will need the Windows Kinect sensor, otherwise your SDK might make some problems.
3) Go to http://www.microsoft.com/en-us/kinectforwindows/ and download Kinect for Windows SDK 1.7 as there is a newer version - FREE
The Kinect for Windows runtime versions 1.0, 1.5, 1.6, and 1.7, allow you to develop commercial applications. Check the licensing documents for any specific terms, the legacy SDK did not allow you to develop commercial applications.
Be aware that the Windows runtime versions do not support the Kinect for Xbox 360 device.
You can find the specific information I'm referencing in the Kinect FAQ under the heading
"What are the guidelines for using Kinect for Windows sensors for development and deployment?"
