What really bothers me is that this is not the only lock-down that is in the agreement. Another one has just been revealed about third party software measuring data:
"...the use of third party software in Your Application to collect and send Device Data to a third party for processing or analysis is expressly prohibited."
Some are seeing that as saying goodbye to every ad analysis and advertising company that works with the iPhone/iPod Touch at this time. I can't imagine that it doesn't impact every single social networking leaderboard company either, like Plus+, Scoreloop, and OpenFeint. I mean, aren't those classified as third-party software sending data from your device that is then processed and analyzed?
That's odd because I have seen David Helgason mention on his blog that Unity has been in contact both with their official and unofficial contacts inside Apple.