Development Draft
https://github.com/berneout/big-time-software-license
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-business use will be available on fair, reasonable, and nondiscriminatory 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.
You may use the software for any noncommercial 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, count as use for a noncommercial purpose.
Use by any charitable organization, educational institution, public research organization, public safety or health organization, environmental protection organization, or government institution to advance its institutional mission counts as use for a noncommercial purpose.
You may use the software for brief trial periods to verify that the software works as described, such as by running on test data or integrating with a test system.
You may use the software for the benefit of your company so long as it meets all these criteria:
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had fewer than 20 total individuals working as employees and independent contractors at all times during its last tax year
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earned less than $1,000,000 total revenue in its last tax year
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received less than $1,000,000 total debt, equity, and other investment in its last five tax years, counting investment in predecessor companies that reorganized into, merged with, or spun out your company
All dollar figures are United States dollars as of January 2019. Adjust for them 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.
If your company stops meeting the criteria, you may continue using the software for the benefit of your company for an additional 128 days.
If your company does not qualify under Small Business, you may use the software for the benefit of your company:
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for 30 days, as a trial to evaluate whether your company should buy a commercial license, one trial per company
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indefinitely, if the licensor or their legal successor does not offer fair, reasonable, and nondiscriminatory terms for a commercial license for the software within 32 days of written request and negotiate in good faith to conclude a deal
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 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 fair, reasonable, and nondiscriminatory terms under Big Business.
Fair, reasonable, and nondiscriminatory terms may not exploit the fact that you have come to depend on the software in reliance on these terms. Fair, reasonable, and nondiscriminatory terms may license the software perpetually or for a term, and may or may not cover new versions of the software. If the licensor advertises license terms and a pricing structure for generally available commercial licenses, the licensor proposes license terms and a price as advertised, and a customer not affiliated with the licensor has bought a commercial license for the software on substantially equivalent terms in the past year, the proposed terms are fair, reasonable, and nondiscriminatory.
If the licensor stops offering commercial licenses for the software for 64 days in a row, or publishes an announcement that they will no longer offer commercial licenses for the software, you can use the software for free for any purpose, under your choice of these terms, the Blue Oak Model License 1.0.0, or any later version of the Blue Oak Model License published by Blue Oak Council or its appointed successor.
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.
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.
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.
You may have "fair use" rights for the software under the law. These terms do not limit them.
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.