B. Appendix B: Example Usage

This appendix has been provided as a guideline to all users or developers of the Software or Software Derivatives to help them determine whether their usage falls within the terms and conditions of the License, or whether they require a Commercial License to start or continue usage of the Software or Software Derivatives.

The list of examples provided is neither complete nor definitive. If you are unsure whether your usage is Non-Commercial, contact the Licensor or eCosCentric Limited at the address provided in Appendix A, Appendix A: eCosPro Licensor.

B.1. Example 1 - Commercial Use

You repackage, bundle or use the Software or Software Derivatives with either Your or other software, or within a device. The resulting software “package”, derivative or device is sold for monetary gain to the public or other entities.

You require a Commercial License.

B.2. Example 2 - Non-Commercial Use

You are a state-recognised learning institution, such as a school, college or university, and use the Software or Software Derivatives as a resource, library or tool to assist with the education of Your students towards a formal qualification or degree.

Your use of the Software and its Software Derivatives is Non-Commercial and governed by the terms of the eCosPro Non-Commercial Public License.

B.3. Example 3 - Commercial Use

You are either a contractor, a software company, consultancy, outsourcing or engineering entity, manufacturer or service provider and one of Your primary activities generates monetary gain from the services or products You provide. The Software or Software Derivatives is used by You either as a component of a larger body of software; or within a device or piece of equipment; or within a training course provided for a fee or gratis; or to support, engineer or produce a product or service.

As a result of Your use of the Software or Software Derivatives Your reputation or brand recognition may improve, or Your productivity or profitability may increase.

While Your use of the Software or Software Derivatives does not result directly or immediately in monetary gain, Your usage is intended or directed towards commercial advantage and as such You require a Commercial License.

B.4.  Example 4 - Initial Non-Commercial becoming Commercial

You are an entity that is either: (1) evaluating the Software or its Software Derivatives; or (2) building a prototype device which incorporates Software Derivatives; or (3) performing research which includes use of the Software or its Software Derivatives.

At this point Your use of the Software and its Software Derivatives is Non-Commercial and governed by the terms of the eCosPro Non-Commercial Public License.

However, should later either:

  • the Software or its Software Derivatives be deployed within a product; or
  • the Software or its Software Derivatives be incorporated within an industrial, manufacturing or production process; or
  • the results of the research result in either: a patent; or intellectual property; or licensable rights, knowledge or technology;

through which either monetary gain or commercial advantage is acquired, You will require a Commercial License.