Answered MS License for Community editions

ALX

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'Getting close to deployment, in which I'd like to make an app available for sale online, I've started looking more closely at Microsoft's License terms for the VS Community edition. The license states:

1. INSTALLATION AND USE RIGHTS.

a. Individual License. If you are an individual working on your own applications, either to sell or for any other purpose, you may use the software to develop and test those applications.


I'm seeing "develop" and "test" but not "make commercially available".
This is how it sounds to me: An individual is free to use VS Community versions for development & testing regardless of the final intent, but once it is on the market, that's a different scenario all together, and we'll sock you $6000 for the Pro license.
How do you all interpret this.
 
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jmcilhinney

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Here's the important part:
If you are an individual working on your own applications [...] to sell [...] you may use the software to develop [...] those applications.
Are you an individual working on your own application to sell? If so, you may use the software to develop that application.
 

ALX

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With all due respect, JM, you have repeated the ambiguous terms. To me, develop means to create, build, finesse, or as the dictionary says; to bring into being or activity; generate; evolve..
I'm still in doubt about what state MicroSoft will consider the product after it's on the market. At this point, it's no longer in the development stages. The reason I'm pursuing this is because of the handful of articles I've read on MicroSoft's hatchet men going after people and small companies that have produced successful software products for various purposes on a for profit basis. While I obviously don't fit the Enterprise definition of the license, I don't want a $6000 surprise later on.
 
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Herman

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How is "to sell" ambiguous?

No reason to worry, Community Edition is 100% free for any team of 5 devs or less to use in a commercial, non-enterprise setting. An "enterprise" is any company with more than 250 PCs or users or over 1 million in annual revenue. Microsoft doesn't make a distinction between development pre- or post- launch. If your team grows beyond 5 devs then you need to buy a license. There is no limit on how many developers can use it for open source projects under OSI, VS extensions, device driver development, or educational purposes.

1. INSTALLATION AND USE RIGHTS.
a. Individual License. If you are an individual working on your own applications to sell or for any other purpose, you may use the software to develop and test those applications.
b. Organizational License. If you are an organization, your users may use the software as follows:
· Any number of your users may use the software to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses.
· Any number of your users may use the software to develop and test extensions to Visual Studio.
· Any number of your users may use the software to develop and test device drivers for the Windows operating system.
· Any number of your users may use the software to develop and test your applications as part of online or in person classroom training and education, or for performing academic research.
· If none of the above apply, and you are also not an enterprise (defined below), then up to 5 of your individual users can use the software concurrently to develop and test your applications.

· If you are an enterprise, your employees and contractors may not use the software to develop or test your applications, except for: (i) open source; (ii) Visual Studio extensions; (iii) device drivers for the Windows operating system; and, (iv) education purposes as permitted above.

An “enterprise” is any organization and its affiliates who collectively have either (a) more than 250 PCs or users or (b) one million U.S. dollars (or the equivalent in other currencies) in annual revenues, and “affiliates” means those entities that control (via majority ownership), are controlled by, or are under common control with an organization.
 
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ALX

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Thank You Herman. It's not the "sell" that's ambiguous. It's the "develop and test those applications " that leaves room for interpretation.
 

jmcilhinney

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Honestly, I don't see what's ambiguous about "you can develop applications using VS to sell". Once an application is on the market, it is in the state of having been developed and tested, both of which you know you can do using VS. It seems to me that you're trying to read into that something that isn't there.
 
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