Not sure... i've read over the Licence time and time again, and althought it doesn't say anything specific - it ghists at non-profitable use.
Legal terms are oftenly messy in these matters, i'm very happy i never wanted to be a lawyer
I guess could ask my lawyer to check over it, be a few hundred dollars - but might clear the air about it once and for all, no?
As most people will never sell thier games personally i think no harm no foul. Even if they do go commercial, they can just get thier publisher to buy a copy of Max for them and then they're snuggy in the eyes of the law
Anata aru kowagaru no watashi! 