I don't think it's a scam, but it's just not open source, that is perfectly fine.
It's very hard to make money with open source projects. Why do you want to make it open source? Why not just source available?
Ask a lawyer, but I think you should remove the Apache for non comertial option. The Apache licence has no such option. Also someone can copy your project with the plain Apache licence for free, and then someone else can use the Apache licence and make a proffit.
Thanks for your advice. I've reverted the license back to 1.0, adjusted the royalty rate, and made the royalty disclaimer more apparent in case someone says it contains a HIDDEN royalty :)
As a small team, we don't expect to make great money just by the royalty. We choose to open source this project for many good reasons. But the only reason of adding royalty is that we want to protect our work from being stolen by some other random guy.
It's very hard to make money with open source projects. Why do you want to make it open source? Why not just source available?
Ask a lawyer, but I think you should remove the Apache for non comertial option. The Apache licence has no such option. Also someone can copy your project with the plain Apache licence for free, and then someone else can use the Apache licence and make a proffit.