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Clarification of "non-commercial purpose" in the VCC license

Apr 4, 2011 at 8:39 PM

The VCC license states:

You may use, copy, reproduce, and distribute this Software for any non-commercial purpose, subject to the restrictions in this MSR-LA. Some purposes which can be non-commercial are teaching, academic research, public demonstrations and personal experimentation. You may also distribute this Software with books or other teaching materials, or publish the Software on websites, that are intended to teach the use of the Software for academic or other non-commercial purposes.

You may not use or distribute this Software or any derivative works in any form for commercial purposes. Examples of commercial purposes would be running business operations, licensing, leasing, or selling the Software, distributing the Software for use with commercial products, using the Software in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others.

If I wanted to use VCC to verify software that I write for profit, or open source software that I offer paid support for, is this permissible? It is not clear whether "using the Software in the creation ... of commercial products" includes cases where I am only assisted in developing a commercial product, very much like how I use a text editor to assist development. Clearly I cannot include some of VCC's source code in a commercial product or distribute VCC binaries with a commercial product, but what about using VCC to assist development of commercial software?

Daniel

Apr 5, 2011 at 12:12 PM

VCC is released under a license that permits its use only for non-commercial purposes - I am not a lawyer and I am not going to give legal advise here. What I would suggest is the following: I you feel that your current or intended use of VCC may be violating the license, please contact me directly (stephan.tobies [at] microsoft.com) and we will discuss this in detail.

Stephan

Oct 20, 2011 at 1:48 PM

I am also not a lawyer, but I'm pretty sure that the examples you cite constitute "using the Software in ... any other activity the purpose of which is to procure a commercial gain to you or others".