There are a lot of cases where this might suck if you’re a full time Unity dev. Getting on Gamepass was already a bit dicey as it cannibalizes sales, but now you got an extra Unity tax on that. (And you may get a LOT of installs on Gamepass)
Give a bunch of keys to a charity auction? Guess you’re paying extra. Got a demo that’s doing wonders on Steam NextFest? Those are installs. Is your game being pirated? Those look like installs, gotta pay up.
I don’t think this will bankrupt any dev, but all those above decisions will hurt.
I’m not a lawyer who can properly interpret the legalese but I don’t think this is the case.
Selling your game to a publisher or a third party to distribute it counts as the developer making revenue off the game.
Edit: Actually I may be incorrect - The apparent wording of the license says the publisher or distributor would pay the per install fee. I’m not sure how that would work, unless they’re planning to send a bill to Steam/Microsoft/EA/etc. I will have to reread the terms.