No. There is a Not for Resale clause in the user license. If you want to resell 3Dsbs content, please contact us. You can use content for other commercial purposes, like posting to an advertising supported web page, or using it in promotional materials.
Both orientations of your phone will work fine but portrait is better if it works with your subject. That’s because side by side horizontal images become very wide and don’t fill your phone’s display well. So the resulting image is smaller than what you get if you use portrait. Also, very wide images don’t work as well with other services. For example Twitter has a 1:2.39 aspect ratio limit so you have to “letterbox” side by side video to use it.
The End User License Agreement may be found in the EULA tab above (More...). You may also be bound by the EULA of the app store where you purchase 3DME.
The best option is to get a viewer with adjustable focus, like the Topmaxions headset. Otherwise wear your glasses when you use viewers like Google Cardboard.