These terms let individuals, nonprofit organizations, and fledgling companies use and share this software for free, while also guaranteeing paid licenses for others will be available on fair terms.
In order to get any license under these terms, you must agree to them as both strict obligations and conditions to all your licenses.
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 permitted purpose.
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)
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.
Any noncommercial purpose is a permitted purpose.
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, is use for a permitted purpose.
Use by any charitable organization, educational institution, public research organization, public safety or health organization, environmental protection organization, or government institution is use for a permitted purpose regardless of the source of funding or obligations resulting from the funding.
Use of the software for the benefit of your company is use for a permitted purpose if your company meets all these criteria:
had fewer than 100 total individuals working as employees and independent contractors at all times during the last tax year
earned less than 1,000,000 USD (2019) total revenue in the last tax year
received less than 1,000,000 USD (2019) total debt, equity, and other investment in the last five tax years
Adjust these dollar figures for inflation according to the United States Bureau of Labor Statistics’ consumer price index for all urban consumers, U.S. city average, for all items, not seasonally adjusted, with 1982–1984=100 reference base.
Use of the software for the benefit of your company is use for a permitted purpose:
for 128 days after that use stops qualifying as a permitted purpose under Small Business
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 Large Business.
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.
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.
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.
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.
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 permits the recipient to do everything that a company qualifying under Small Business can do under these terms, for a fair fee, without additional unreasonable terms or terms that discriminate against particular licensees. A fair commercial license may be perpetual or for a term, and may or may not cover new versions of the software.
A fair fee is a fair market price for a fair commercial license. If the licensor advertises a fee for generally available fair commercial licenses, and more than one unaffiliated customer has paid that price in the past year, that is a fair fee. However, a fair fee may not be more than:
on an annual basis, the number of software developers who have made substantial technical contributions to the software in the last four years times one quarter of the annual wage for software developers reported in the most recent Bureau of Labor Statistics Occupational Employment Statistics survey
on a perpetual basis, four times a fair fee on an annual basis