Hi, I am using the Educational version of 3DS Max to develop some models that I want to make into a free educational app in the app store. As I will not be charging for the download of the app does this mean I can use the educational licence or do I need to buy a commercial licence since it will be available for download on a commercial website? Thanks in advance.
This is a good question. After reading the License Service Agreement, it is my understanding that any works may only be used in the same educational field or facility and works may not be combined with any other commercial entity. Even though your model is not for profit, you are making it available for distribution. Since your models will be watermarked as educational, it also means that anyone using your supplied models will also not be able to do so commercially. So, even if it is allowed, I do not believe that providing such intellectual property will actually benefit anyone. That is, unless under the terms of your educational license, you are using such materials for the purpose of instruction on the facilities where the software is licensed. Furthermore, the lease on the educational license is not perpetua,l and depending on your term, will eventually expire.
You can read the entire LSA here, noting the sections about educational versions.