So did a quick skim of the terms of the settlement; I see a loophole.
The repair tools need to be sold to independent repair facilities only after said tools are available to 50% of their repair shops.
If they develop 3+ "core platforms" (thinking in terms of cars, imagine an OBD-3 system with similar though not compatible A, B, and C variants) and then distribute regionally (e.g. all gear sold on east coast gets A variant, Midwest gets B variant, etc), then it wouldn't be necessary for Deere repair shops to achieve 50% distribution of a specific scan tool.
I HIGHLY doubt they'd go to those lengths to side step this settlement and I doubt the courts would look favorably on that kind of maneuver....but if I was a corporate blood sucking lawyer type, I'd be looking at how feasible that's be.