it a communication with developers today Unity had this to say about Apple’s OS4.0 Terms of Service:
A Brief Word About Apple iPhone OS 4
As most folks already know, Apple introduced a new Terms of Service (ToS) with their iPhone OS 4 that has some Unity users concerned. While we don’t yet have a definitive statement to share at this time, we have a healthy, ongoing dialogue with Apple and it seems clear that it’s not their intention to block Unity and will continue our efforts to ensure compliance with the Terms. While it’s possible that ensuring compliance could mean additional engineering on our part, our committed goal is to provide you with uninterrupted ToS compliant tools and we think we’ll be able to do that.
If you want to stay up-to-date on our official response to this situation then please keep an eye on our company blog, and in particular posts from our CEO David Helgason: Unity Technologies Blog » David Helgason. We want to thank everyone out there for their patience while we work through these changing circumstances. We know it’s difficult to proceed with uncertainty, we’re doing all we can to ensure a positive outcome.