sadly found the answer in the vSAN license guide:
"vSAN for Desktop licensing is available for customers using vSAN exclusively for virtual desktop infrastructure (VDI). This includes third-party VDI solutions in addition to VMware Horizon®. While this license option limits the use of vSAN to VDI workloads only..."
So I believe it would work, but its not supported and a law violation.
The general rule I think that applies to the "for desktops" products, is if its not directly related to vdi it cannot be used, even if mixed with other license types.