I know there are some great legal minds out there, so...
Gratuitous personal use of the blog for Legal advice follows:
I have been granted a free licence for a piece of software that can be used to develop other software. It is a tool, none of the end-product would have any trace of the tool's code or use any of the tool's functions.
The license for this tool has the following clause:
You may not use the Software or any information made available for display using the Software, or any outputs generated with the Software, or any application developed with the assistance of the Software in any commercial or business environment or for any commercial or business purposes for yourself or any third parties.(bold mine)
You may, however, use the Software for non-commercial research or personal use only.
1. Can they really do that???? It's like saying that you can't sell a house made with the hammer I sold you, but you could give it away.
2. Is that enforceable in any way?
I am a huge believer in the rights of software authors; I make my living at that game so it follows that I would be in favor for getting paid...
This seems over the top stupid. If I read this right, I must uninstall my free (for beta testing) copy post-haste and pitch it forever. Anyone buying this tool would almost certainly be in violation of this clause as open source software often is used for commercial purposes.
Maybe Dr. Frisch isn't the only one that is "teh crazy"®.