Draft Paid License for Individuals and Organizations

Paid License

Version 3.0.0-pre.3

Details

  • The Developer is developer name, developer location (ISO 3166-2), developer e-mail.

  • The Agent is agent name, agent location (ISO 3166-2), agent website.

  • The Customer is customer name, customer location (ISO 3166-2), customer e-mail.

  • The Software is software name, the software category available at software URL.

  • The Price is price (USD).

  • The User Limit is users individual(s) in any rolling 90-day period.

Payment

This license is conditional on the Customer paying the Developer the Price through the Agent within 24 hours of receiving this license.

Scope

In general, this license covers the Software as well as any contributions the Developer makes to the Software in the future. However, this license does not cover any contributions the Developer makes to any future version of the Software for which the Developer sells separate licenses.

Copyright

The Developer licenses the Customer to do everything with the Software that would otherwise infringe the Developer’s copyright in it.

Patent

The Developer licenses the Customer to do everything with the Software that would otherwise infringe patent claims the Developer can license or becomes able to license.

Personnel

If the Customer is a corporation, partnership, or other kind of legal entity, and not an individual, the Customer may pass their rights under this license on to, or sublicense, their Personnel, under the following rules:

Eligibility

Personnel means:

  • employees of the Customer

  • employees of the Customer’s direct and indirect wholly owned subsidiaries

  • people working for independent contractors providing services to the Customer

  • people working for independent contractors providing services to the Customer’s direct and indirect wholly owned subsidiaries

Limit

The Customer may sublicense multiple Personnel, but only within the User Limit.

Responsibility

Personnel must abide by all the terms of this license. The Customer will stand legally responsible for any Personnel that break the terms of this license.

Projects

If the Customer or its Personnel combine some or all of the Software with other software in a larger software project, the Customer may pass their rights under this license on to, or sublicense, the Software as part of their project, and allow further sublicensing in turn, under the following rules:

Value

The project must offer significant additional content or functionality beyond that of the Software alone. End users must use the project primarily for that additional content or functionality.

Maintenance

The Customer may sublicense others to maintain their project, but not to use the Software in new or different ways in that project, or to develop projects of their own.

Purpose

The purpose of Value and Maintenance is to prevent the Customer from sublicensing others who should buy their own private licenses to develop projects with the Software.

Terms

Projects and Notices, as well as warranty disclaimers and damages exclusions at least as broad as Disclaimer and Exclusion, must be part of the terms of each sublicense.

Unlimited

The Customer may build, and sublicense for, as many projects as they like.

Notices

In order to make sure that everyone who gets a copy of the Software knows about the license terms for their use, the Customer agrees to give everyone who gets a copy of some or all of the Software from them, with or without changes, the text of this license and of any free public license for the Software.

Agency

The Developer has authorized the Agent to sign this license on the Developer’s behalf. The Agent is not a legal “party” to this license.

Guarantee

The Developer guarantees that they either own or have the rights to license copyrights in the Software.

Disclaimer

With the sole exception of Guarantee, as far as the law allows, the Software comes as is, without any warranty or condition.

Exclusion

With the sole exception of Guarantee, as far as the law allows, neither the Developer nor their Agent will be liable to anyone for any damages related to the Software or this license, under any kind of legal claim.

1 Like

Under Terms, ‘Sublicensing’ is an anchor hyperlink. Is there supposed to be a section titled ‘Sublicensing’?

1 Like

I’m reading the bits about sub licensing carefully, with Tailwind UI in mind.

In my understanding of that license, I buy a license and use it to build the UI of an entire app. Others can use the app no problem, and contribute back to it, and it’s fine. (Debatable? Major contributors to the project who “work on it” maybe should buy a license too?)

If someone forks the app, and uses it to develop a fork, then they would also need to buy a Tailwind UI license for them / their personnel.

I can’t tell from this license read if that is the case here.

I think it should be. And I may also not be reading Tailwind right, but this is what I think should happen.

1 Like

Great catch. I’ll edit the top post with the fix and new version.

Hmm. I’m not sure we actually want to follow Tailwind’s example of just listing out allowed and disallowed use cases, since this license will apply to a lot more different kinds of software. But I’m open to reorganizing the terms here to make them easier to understand.

I’m not saying it should work like Tailwind UI.

I tried to describe how I’d expect it to work.

Did I get it right? Would a fork need to buy its own private license, either at the org or personal level?

This source for this app would be on GitHub or somewhere else online?

Yes, the source is online.