I think you're reading the wrong TOS.

When you sign up for a developer API key for Android
(http://code.google.com/android/add-ons/google-apis/maps-api-signup.html)
there is a a different TOS, which states:

5.4. Subject to these Terms, you may develop, display and/or distribute your
> Maps API Implementation as part of a commercial or non-commercial
> enterprise.


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TreKing - Chicago transit tracking app for Android-powered devices
http://sites.google.com/site/rezmobileapps/treking


On Tue, Jan 5, 2010 at 12:00 AM, mikek <mik...@gmail.com> wrote:

> According to the terms for use of Google Maps API,
> http://code.google.com/apis/maps/terms.html
>
> Incorporating the Maps API into your application is free as long as
> the app is also free. Otherwise, you need a commercial license. A
> commercial license for $10K is a heck of a lot of $1.99 apps.
>
> Does anyone have any insight on alternative payment structures for the
> Maps API.
>
> Excerpt from terms.html:
> 9.1 Free, Public Accessibility to Your Maps API Implementation. Your
> Maps API Implementation must be generally accessible to users without
> charge. You may require users to log in to your Maps API
> Implementation if you do not require users to pay a fee. Unless you
> have entered into a separate written agreement with Google or obtained
> Google's written permission, your Maps API Implementation must not:
>
> (a) require a fee-based subscription or other fee-based restricted
> access; or
> (b) operate only behind a firewall or only on an internal network
> (except during the development and testing phase).
>
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