Reallusion provides all 3 options for Kinect users;
 
a. The OpenNI driver and SDK are provided by PrimeSense, the chip manufacturer of Kinect sensors. Due to it’s original SDK license policy, users can feel free to use it in commercial projects.
 
b. The Microsoft Kinect SDK Beta 2 is provided by Microsoft for application development on Xbox Kinect hardware. Users can get a free SDK download from the Microsoft website. 

http://www.microsoft.com/download/en/details.aspx?id=28782

Before the release of the Kinect for Windows version, Reallusion provided this beta version to share the new improvements made by Microsoft. Due to Microsoft's policy, this version is only for testing and does not grant commercial rights to end users. Please take note that this policy comes directly from Microsoft and not Reallusion, and Reallusion will not be responsible for how the end-user decides to use this development SDK. For more information, please refer to the original statement by Microsoft.

http://www.microsoft.com/download/en/details.aspx?id=27876 "overview" section, line 2.
 
c. Now Microsoft has officially released the new Kinect for Windows SDK and hardware for Windows 7 and above users. This version includes full commercial rights for product development and application outputs, but it will only work with Microsoft's Kinect for Windows hardware. Please take note that this policy comes directly from Microsoft and not Reallusion. Reallusion simply facilitates users with all three options. 
 
As Reallusion has partnered with Microsoft on Kinect for Windows development, we will keep adding new features based on Microsoft's official releases. Reallusion will continue providing options to users who use either the Kinect for Xbox or Kinect for Windows hardware.

                                                                

Peter
Forum Administrator

www.reallusion.com