I think we're both thinking of when OUYA ran the competition in January, where whoever got their fans to tweet the most "give @studio_so_and_so an OUYA!" or something similar, would get a devkit. So yes, they might not be required to make an OUYA version, but if OUYA gave it in good faith, it's a bit of a poor showing to turn round and say they never had any intention of making an OUYA version.

Like I say, I suspect they did once plan an OUYA version and just got sidetracked. Which as an indie dev myself, I can totally sympathise with. But it still sucks for us OUYA fans