I'm afraid I have to agree to disagree with your interpretation. The Marvel Action Universe doesn't say anything about not applying to theme parks, even if it's a retail concept. The Marvel Action Universe may contain a retail concept, as well as the simulator ride contained within a park. The contract says "THE MARVEL ACTION UNIVERSE WILL CONSIST, INTER ALIA, OF THE SALE OF COMIC BOOKS, TRADING CARDS, SOFTWARE, LICENSED OR MARVEL PRODUCED MERCHANDISE, THE USE OF ELECTRONIC GAMES AND/OR PINBALLS OR OTHER COIN OPERATED GAMES, AND MAY INCLUDE ONE OR MORE VIRTUAL REALITY AND/OR SIMULATOR RIDE USING MARVEL CHARACTERS OR OTHER THEMES."
So looking at Marvel Super Hero Island at IOA, it does have a bunch of arcade games, pinballs, a comic book store, and a trading center as well as a simulator ride within Islands of Adventure. The Spider-Man ride at Universal Studios Japan has a store featuring merchandises from dolls to trading cards. So it definitely applies to theme parks, let alone from the Disney ones.
Sorry, but reread the definition clauses in section I.A. of the contract. "THE MARVEL UNIVERSE" refers to the land at IOA, "THE MARVEL ACTION UNIVERSE" is the retail concept Marvel was planning on licensing. It specifically says "Marvel Action Universe will not be within any theme park, nor marketed in conjunction with any theme park" so that section can't apply to IOA.
And even if it did apply, it also says "no The Marvel Action Universe shall contain more than one simulator, nor shall such simulator hold more than 20 people," so they could have one simulator ride as long as the vehicle capacity was 20 or under.