Purpose

These terms let you use and share this software for noncommercial purposes and in small business for free, while also guaranteeing that paid licenses for big businesses will be available on fair terms.

Acceptance

In order to get any license under these terms, you must agree to them as both strict obligations and conditions to all your licenses.

Noncommercial Purposes

You may use the software for any noncommercial purpose.

Personal Uses

Personal use for research, experiment, and testing for the benefit of public knowledge, personal study, private entertainment, hobby projects, amateur pursuits, or religious observance, without any anticipated commercial application, count as use for noncommercial purposes.

Noncommercial Organizations

Use by any charitable organization, educational institution, public research organization, public safety or health organization, environmental protection organization, or government institution counts as use for noncommercial purposes, regardless of the source of funding or obligations resulting from the funding.

Small Business

You may use the software for the benefit of your company if it meets all these criteria:

  1. had fewer than 100 total individuals working as employees and independent contractors at all times during the last tax year

  2. earned less than 1,000,000 USD (2019) total revenue in the last tax year

  3. received less than 1,000,000 USD (2019) total debt, equity, and other investment in the last five tax years, counting investment in predecessor companies that reorganized into, merged with, or spun out your company

Adjust these dollar figures for inflation according to the United States Bureau of Labor Statistics’ consumer price index for all urban consumers, United States city average, for all items, not seasonally adjusted, with 1982–1984=100 reference base.

Big Business

You may use the software for the benefit of your company:

  1. for 128 days after your company stops qualifying under Small Business

  2. indefinitely, if the licensor or their legal successor does not offer a fair commercial license for the software within 32 days of written request

How to Request

If this software includes an address for the licensor or an agent of the licensor in a standard place, such as in documentation, software package metadata, or an “about” page or screen, try to request a fair commercial license at that address. If this package includes both online and offline addresses, try online before offline. If you can’t deliver a request that way, or this software doesn’t include any addressees, spend one hour online researching an address, recording all your searches and inquiries as you go, and try any addresses that you find. If you can’t find any addresses, or if those addresses also fail, that counts as failure to offer a fair commercial license by the licensor under Big Business.

The licensor grants you a copyright license to do everything with the software that would otherwise infringe the licensor’s copyright in it for any purpose allowed by these terms.

Notices

You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms or the URL for them above, as well as copies of any plain-text lines beginning with Required Notice: that the licensor provided with the software. For example:

Required Notice: Copyright Yoyodyne, Inc. (http://example.com)

Patent License

The licensor grants you a patent license for the software that covers patent claims the licensor can license, or becomes able to license, that you would infringe by using the software.

Fair Use

You may have “fair use” rights for the software under the law. These terms do not limit them.

No Other Rights

These terms do not allow you to sublicense or transfer any of your licenses to anyone else, or prevent the licensor from granting licenses to anyone else. These terms do not imply any other licenses.

Patent Defense

If you make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.

Violations

The first time you are notified in writing that you have violated any of these terms, or done anything with the software not covered by your licenses, your licenses can nonetheless continue if you come into full compliance with these terms, and take practical steps to correct past violations, within 32 days of receiving notice. Otherwise, all your licenses end immediately.

No Liability

As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.

Definitions

The licensor is the individual or entity offering these terms, and the software is the software the licensor makes available under these terms.

You refers to the individual or entity agreeing to these terms.

Your company is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. Control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.

Your licenses are all the licenses granted to you for the software under these terms.

Use means anything you do with the software requiring one of your licenses.

A fair commercial license allows use of the software in business by a company that does not qualify under Small Business, for a fair price, on reasonable terms, without discriminating against any particular licensee. A fair commercial license may be perpetual or for a term, and may or may not cover new versions of the software.

A fair price is a fair market price for a fair commercial license. If the licensor advertises a price or price structure for generally available fair commercial licenses, and more than one customer not affiliated with the licensor has paid that price in the past year, that is fair.