The only difference between those two example is temporal. I don't think that difference makes a difference.
Do you have the right to demand that people who have already produced some software, give it away for free and never be allowed to charge for it?
No one can say this tool must be used in this way so we make money. If they need to make money off the tool, they should be charging for it in some way.
The thing produced here is a derivative work that contains Apple created code and content.
Taking your words and changing the context produces this:
"if you produce a [some software], no matter how you produce it, [or who elses code you include with it.] you have the right to determine what [license agreement you use]."
See how that doesn't work?