Can I use non-commercial software for a project that may earn money in the future?












1














I am using syntevo's SmartGit software for hobbyist projects, which falls under their non-commercial license so I can use the tool for free:




3.2.1 If a SOFTWARE Non-Commercial License is agreed-upon with the licensee, the licensor grants to licensee the non-exclusive,
non-transferable and permanent right, which is limited according to
the terms of clause 7 and terminated according to the terms of clause
3.2.1.1, to have the SOFTWARE used on a arbitrary number of single-user computers or on a central server or via terminal server
clients, simultaneously by a arbitrary number of users, solely for
non-commercial purposes. A purpose is considered non-commercial only
if the SOFTWARE is exclusively used




  • to actively work on open-source projects,

  • for learning or teaching on a public academic institution,

  • in the spare time to manage projects where you don't get financial compensation for (hobby usage),

  • by public charitable organizations primarily targeting philanthropy, health research, education or social well-being.




Now one of my projects may grow beyond the scope of a hobbyist game, and I was wondering where exactly the threshold lies between commercial and non-commercial use.



Specifically, if I start development of the game with commercial use in mind, but I don't make any money (no kickstarter, no external funding through government grants, etc). I don't employ anyone yet and I am making everything on my own. I don't have a publisher or anything like it but I am starting to build a community. I have a regular day job unrelated to game design.



Somewhere on the scale "hobby usage" --> "hobby, but possible commercial intent" --> "fully commercial development" the usage rights switch from non-commercial license to commercial license.



Can anyone help me draw that line?










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    1














    I am using syntevo's SmartGit software for hobbyist projects, which falls under their non-commercial license so I can use the tool for free:




    3.2.1 If a SOFTWARE Non-Commercial License is agreed-upon with the licensee, the licensor grants to licensee the non-exclusive,
    non-transferable and permanent right, which is limited according to
    the terms of clause 7 and terminated according to the terms of clause
    3.2.1.1, to have the SOFTWARE used on a arbitrary number of single-user computers or on a central server or via terminal server
    clients, simultaneously by a arbitrary number of users, solely for
    non-commercial purposes. A purpose is considered non-commercial only
    if the SOFTWARE is exclusively used




    • to actively work on open-source projects,

    • for learning or teaching on a public academic institution,

    • in the spare time to manage projects where you don't get financial compensation for (hobby usage),

    • by public charitable organizations primarily targeting philanthropy, health research, education or social well-being.




    Now one of my projects may grow beyond the scope of a hobbyist game, and I was wondering where exactly the threshold lies between commercial and non-commercial use.



    Specifically, if I start development of the game with commercial use in mind, but I don't make any money (no kickstarter, no external funding through government grants, etc). I don't employ anyone yet and I am making everything on my own. I don't have a publisher or anything like it but I am starting to build a community. I have a regular day job unrelated to game design.



    Somewhere on the scale "hobby usage" --> "hobby, but possible commercial intent" --> "fully commercial development" the usage rights switch from non-commercial license to commercial license.



    Can anyone help me draw that line?










    share|improve this question







    New contributor




    Cerno is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.























      1












      1








      1







      I am using syntevo's SmartGit software for hobbyist projects, which falls under their non-commercial license so I can use the tool for free:




      3.2.1 If a SOFTWARE Non-Commercial License is agreed-upon with the licensee, the licensor grants to licensee the non-exclusive,
      non-transferable and permanent right, which is limited according to
      the terms of clause 7 and terminated according to the terms of clause
      3.2.1.1, to have the SOFTWARE used on a arbitrary number of single-user computers or on a central server or via terminal server
      clients, simultaneously by a arbitrary number of users, solely for
      non-commercial purposes. A purpose is considered non-commercial only
      if the SOFTWARE is exclusively used




      • to actively work on open-source projects,

      • for learning or teaching on a public academic institution,

      • in the spare time to manage projects where you don't get financial compensation for (hobby usage),

      • by public charitable organizations primarily targeting philanthropy, health research, education or social well-being.




      Now one of my projects may grow beyond the scope of a hobbyist game, and I was wondering where exactly the threshold lies between commercial and non-commercial use.



      Specifically, if I start development of the game with commercial use in mind, but I don't make any money (no kickstarter, no external funding through government grants, etc). I don't employ anyone yet and I am making everything on my own. I don't have a publisher or anything like it but I am starting to build a community. I have a regular day job unrelated to game design.



      Somewhere on the scale "hobby usage" --> "hobby, but possible commercial intent" --> "fully commercial development" the usage rights switch from non-commercial license to commercial license.



      Can anyone help me draw that line?










      share|improve this question







      New contributor




      Cerno is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.











      I am using syntevo's SmartGit software for hobbyist projects, which falls under their non-commercial license so I can use the tool for free:




      3.2.1 If a SOFTWARE Non-Commercial License is agreed-upon with the licensee, the licensor grants to licensee the non-exclusive,
      non-transferable and permanent right, which is limited according to
      the terms of clause 7 and terminated according to the terms of clause
      3.2.1.1, to have the SOFTWARE used on a arbitrary number of single-user computers or on a central server or via terminal server
      clients, simultaneously by a arbitrary number of users, solely for
      non-commercial purposes. A purpose is considered non-commercial only
      if the SOFTWARE is exclusively used




      • to actively work on open-source projects,

      • for learning or teaching on a public academic institution,

      • in the spare time to manage projects where you don't get financial compensation for (hobby usage),

      • by public charitable organizations primarily targeting philanthropy, health research, education or social well-being.




      Now one of my projects may grow beyond the scope of a hobbyist game, and I was wondering where exactly the threshold lies between commercial and non-commercial use.



      Specifically, if I start development of the game with commercial use in mind, but I don't make any money (no kickstarter, no external funding through government grants, etc). I don't employ anyone yet and I am making everything on my own. I don't have a publisher or anything like it but I am starting to build a community. I have a regular day job unrelated to game design.



      Somewhere on the scale "hobby usage" --> "hobby, but possible commercial intent" --> "fully commercial development" the usage rights switch from non-commercial license to commercial license.



      Can anyone help me draw that line?







      software licensing






      share|improve this question







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      Cerno is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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      asked 4 hours ago









      Cerno

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          2 Answers
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          oldest

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          1














          Based on the ToS provision quoted in the question, the moment that the person receives financial compensation of any sort, in any amount, for the project, the project is non-commercial, and the person must obtain a commercial license. Note that if the project is open source, this wouldn't apply, even if the open source project charges a fee for the software, as some do. It also wouldn't apply if one of the other exceptions, such as teaching use, applies.



          Furthermore if the project has become a full-time occupation for the developer, and can no longer be honestly called a "spare time" project, it no longer fits the "hobby project" category, and if it is not an open source project and none of the other exceptions apply, a commercial license must be obtained.



          The intent to make a hobby project commercial in the future should not matter, as long as no money is being received by the developer for the project, and it is still a spare-time project.






          share|improve this answer





















          • Thanks, this is helpful and clear.
            – Cerno
            20 mins ago



















          1














          The difference between commercial and non-commercial software use is about as clear as it gets, outlined by the definitions in the license above. One makes money, the other doesn't. There is no gray area. Your intent or expectations for a project may seem to alter the difference between the two and add a gray area in your mind, but they don't. Once you are a commercial user, buy a commercial license and/or upgrade the non-commercial license to commercial.



          That's the legal angle; and what is illegal and what is unethical are not always the same. If you still feel like your intent does make a difference and you feel unethical about using a non-commercial license - because you are building a community and hoping/planning on making money - buy the commercial license to begin with.






          share|improve this answer























          • So if I understand you correctly, the project is non-commercial until I start receiving money? It seems a bit weird to me that someone can make a product using a non-commercial license, and once the project is finished and they do start making money on the product but don't need the licensed software anymore, the licensor has no right to any recompense under the license they chose? Is that what you meant by the distinction between ethical and legal?
            – Cerno
            22 mins ago













          Your Answer








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          2 Answers
          2






          active

          oldest

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          2 Answers
          2






          active

          oldest

          votes









          active

          oldest

          votes






          active

          oldest

          votes









          1














          Based on the ToS provision quoted in the question, the moment that the person receives financial compensation of any sort, in any amount, for the project, the project is non-commercial, and the person must obtain a commercial license. Note that if the project is open source, this wouldn't apply, even if the open source project charges a fee for the software, as some do. It also wouldn't apply if one of the other exceptions, such as teaching use, applies.



          Furthermore if the project has become a full-time occupation for the developer, and can no longer be honestly called a "spare time" project, it no longer fits the "hobby project" category, and if it is not an open source project and none of the other exceptions apply, a commercial license must be obtained.



          The intent to make a hobby project commercial in the future should not matter, as long as no money is being received by the developer for the project, and it is still a spare-time project.






          share|improve this answer





















          • Thanks, this is helpful and clear.
            – Cerno
            20 mins ago
















          1














          Based on the ToS provision quoted in the question, the moment that the person receives financial compensation of any sort, in any amount, for the project, the project is non-commercial, and the person must obtain a commercial license. Note that if the project is open source, this wouldn't apply, even if the open source project charges a fee for the software, as some do. It also wouldn't apply if one of the other exceptions, such as teaching use, applies.



          Furthermore if the project has become a full-time occupation for the developer, and can no longer be honestly called a "spare time" project, it no longer fits the "hobby project" category, and if it is not an open source project and none of the other exceptions apply, a commercial license must be obtained.



          The intent to make a hobby project commercial in the future should not matter, as long as no money is being received by the developer for the project, and it is still a spare-time project.






          share|improve this answer





















          • Thanks, this is helpful and clear.
            – Cerno
            20 mins ago














          1












          1








          1






          Based on the ToS provision quoted in the question, the moment that the person receives financial compensation of any sort, in any amount, for the project, the project is non-commercial, and the person must obtain a commercial license. Note that if the project is open source, this wouldn't apply, even if the open source project charges a fee for the software, as some do. It also wouldn't apply if one of the other exceptions, such as teaching use, applies.



          Furthermore if the project has become a full-time occupation for the developer, and can no longer be honestly called a "spare time" project, it no longer fits the "hobby project" category, and if it is not an open source project and none of the other exceptions apply, a commercial license must be obtained.



          The intent to make a hobby project commercial in the future should not matter, as long as no money is being received by the developer for the project, and it is still a spare-time project.






          share|improve this answer












          Based on the ToS provision quoted in the question, the moment that the person receives financial compensation of any sort, in any amount, for the project, the project is non-commercial, and the person must obtain a commercial license. Note that if the project is open source, this wouldn't apply, even if the open source project charges a fee for the software, as some do. It also wouldn't apply if one of the other exceptions, such as teaching use, applies.



          Furthermore if the project has become a full-time occupation for the developer, and can no longer be honestly called a "spare time" project, it no longer fits the "hobby project" category, and if it is not an open source project and none of the other exceptions apply, a commercial license must be obtained.



          The intent to make a hobby project commercial in the future should not matter, as long as no money is being received by the developer for the project, and it is still a spare-time project.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered 4 hours ago









          David Siegel

          6,283933




          6,283933












          • Thanks, this is helpful and clear.
            – Cerno
            20 mins ago


















          • Thanks, this is helpful and clear.
            – Cerno
            20 mins ago
















          Thanks, this is helpful and clear.
          – Cerno
          20 mins ago




          Thanks, this is helpful and clear.
          – Cerno
          20 mins ago











          1














          The difference between commercial and non-commercial software use is about as clear as it gets, outlined by the definitions in the license above. One makes money, the other doesn't. There is no gray area. Your intent or expectations for a project may seem to alter the difference between the two and add a gray area in your mind, but they don't. Once you are a commercial user, buy a commercial license and/or upgrade the non-commercial license to commercial.



          That's the legal angle; and what is illegal and what is unethical are not always the same. If you still feel like your intent does make a difference and you feel unethical about using a non-commercial license - because you are building a community and hoping/planning on making money - buy the commercial license to begin with.






          share|improve this answer























          • So if I understand you correctly, the project is non-commercial until I start receiving money? It seems a bit weird to me that someone can make a product using a non-commercial license, and once the project is finished and they do start making money on the product but don't need the licensed software anymore, the licensor has no right to any recompense under the license they chose? Is that what you meant by the distinction between ethical and legal?
            – Cerno
            22 mins ago


















          1














          The difference between commercial and non-commercial software use is about as clear as it gets, outlined by the definitions in the license above. One makes money, the other doesn't. There is no gray area. Your intent or expectations for a project may seem to alter the difference between the two and add a gray area in your mind, but they don't. Once you are a commercial user, buy a commercial license and/or upgrade the non-commercial license to commercial.



          That's the legal angle; and what is illegal and what is unethical are not always the same. If you still feel like your intent does make a difference and you feel unethical about using a non-commercial license - because you are building a community and hoping/planning on making money - buy the commercial license to begin with.






          share|improve this answer























          • So if I understand you correctly, the project is non-commercial until I start receiving money? It seems a bit weird to me that someone can make a product using a non-commercial license, and once the project is finished and they do start making money on the product but don't need the licensed software anymore, the licensor has no right to any recompense under the license they chose? Is that what you meant by the distinction between ethical and legal?
            – Cerno
            22 mins ago
















          1












          1








          1






          The difference between commercial and non-commercial software use is about as clear as it gets, outlined by the definitions in the license above. One makes money, the other doesn't. There is no gray area. Your intent or expectations for a project may seem to alter the difference between the two and add a gray area in your mind, but they don't. Once you are a commercial user, buy a commercial license and/or upgrade the non-commercial license to commercial.



          That's the legal angle; and what is illegal and what is unethical are not always the same. If you still feel like your intent does make a difference and you feel unethical about using a non-commercial license - because you are building a community and hoping/planning on making money - buy the commercial license to begin with.






          share|improve this answer














          The difference between commercial and non-commercial software use is about as clear as it gets, outlined by the definitions in the license above. One makes money, the other doesn't. There is no gray area. Your intent or expectations for a project may seem to alter the difference between the two and add a gray area in your mind, but they don't. Once you are a commercial user, buy a commercial license and/or upgrade the non-commercial license to commercial.



          That's the legal angle; and what is illegal and what is unethical are not always the same. If you still feel like your intent does make a difference and you feel unethical about using a non-commercial license - because you are building a community and hoping/planning on making money - buy the commercial license to begin with.







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited 4 hours ago

























          answered 4 hours ago









          BlueDogRanch

          9,91321837




          9,91321837












          • So if I understand you correctly, the project is non-commercial until I start receiving money? It seems a bit weird to me that someone can make a product using a non-commercial license, and once the project is finished and they do start making money on the product but don't need the licensed software anymore, the licensor has no right to any recompense under the license they chose? Is that what you meant by the distinction between ethical and legal?
            – Cerno
            22 mins ago




















          • So if I understand you correctly, the project is non-commercial until I start receiving money? It seems a bit weird to me that someone can make a product using a non-commercial license, and once the project is finished and they do start making money on the product but don't need the licensed software anymore, the licensor has no right to any recompense under the license they chose? Is that what you meant by the distinction between ethical and legal?
            – Cerno
            22 mins ago


















          So if I understand you correctly, the project is non-commercial until I start receiving money? It seems a bit weird to me that someone can make a product using a non-commercial license, and once the project is finished and they do start making money on the product but don't need the licensed software anymore, the licensor has no right to any recompense under the license they chose? Is that what you meant by the distinction between ethical and legal?
          – Cerno
          22 mins ago






          So if I understand you correctly, the project is non-commercial until I start receiving money? It seems a bit weird to me that someone can make a product using a non-commercial license, and once the project is finished and they do start making money on the product but don't need the licensed software anymore, the licensor has no right to any recompense under the license they chose? Is that what you meant by the distinction between ethical and legal?
          – Cerno
          22 mins ago












          Cerno is a new contributor. Be nice, and check out our Code of Conduct.










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