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License clause clarification: Commercial software hosting
service.

License clause clarification: Commercial software hosting service.
Mon, 25 Feb 2008 15:27:40 +000
Hi There!

Can someone please explain to me what does this clause of Not using the software
for commercial software hosting services imply? Sample EULA text from MS GAX/GAT
installs is qouted inline 


The software is licensed, not sold. This agreement only gives you some rights to
use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as
expressly permitted in this agreement. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in certain
ways. You may not

use the software for commercial software hosting services.

Does this above commerical s/w hosting services clause restricts me in any way
to use tools like GAX/GAT etc based .Net smart / Web client software factory
applications for developing commercial applications which I intend to put on a
website? 

Or if you could point me to appropriate location where such queries can be
answered, that would be great.

Thanks in advance.

Gaurav.

www.anurakti.com
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Re: License clause clarification: Commercial software hosting service.
Tue, 26 Feb 2008 00:30:09 +000
higaurav:Can someone please explain to me what does this clause of Not using the
software for commercial software hosting services imply?

Sure.  Your lawyer.  Or their lawyer.

Jeff
Post Reply
Re: License clause clarification: Commercial software hosting service.
Tue, 26 Feb 2008 08:49:53 +000
jeff@zina.com:

Sure.  Your lawyer.  Or their lawyer.

Jeff



Thanks Jeff for the ENLIGHTENING answer. :-) .

On the contrary it is precisely for the reason that "I don't want to get
into the Lawyer cycle" did I post the query to the fellow community. For
possibly someone on the Forum who might have come across similar situation and
could "genuinely" answer the query. Or as also pointed out by you for
someone from MS team on the forum who could explain what is exactly meant by the
same for better understanding of the clause. 

NOTE: the response is not supposed to be in anyway legally binding for people,
who might have given a serious thought to it. But it is just that I want to have
a better understanding of what exactly is implied by the clause.

Looking forward to a better response.

Thanks in advance!

Gaurav.
Post Reply
Re: License clause clarification: Commercial software hosting service.
Tue, 26 Feb 2008 16:42:11 +000
But any non-lawyer will give you a non-qualified answer. You react on it, and
get into deep problems and - that is your problem. A bad answer is worse than no
answer.

 

Ask you lawyer.
Post Reply
Re: License clause clarification: Commercial software hosting service.
Tue, 26 Feb 2008 17:17:33 +000
There are a number of products with a similar EULA, and IN GENERAL, Microsoft
excludes commercial hosters from using the software because they have a
different licensing process to go through.  Normally this does not apply to
someone putting software out for download, but does apply to SAS operations,
hosting companies and component devleopers that develop for commercial hosting
(Plesk, etc.)

But, if you get sued, it's nobody's fault but your own.

Jeff
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