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Hello, I have questions concerning two clauses in the click-through licence that appears when installing Web Workbench. Quoted sections follow: 2.1 Upon payment of the Licence Fee, Mindscape grants Customer a limited, non-exclusive, non-transferable licence, to use the Mindscape Software (provided that with respect to any Personal Release, Customer may only use the Mindscape Software for its personal use and not for or in connection with (in any way) a commercial purpose). and 2.6 Customer will not export, directly or indirectly, the Mindscape Software, or a direct product from the Mindscape Software, or any technical data relating to the Mindscape Software, from any jurisdiction unless Customer obtains the prior written permission of Mindscape and, if appropriate, the relevant governmental authorities. Clause 2.1 appears to imply that the software may only be used for personal use, and any commercial use is forbidden. If I'm getting paid to develop code, and I use the Web Workbench to do this, I would infer that this would be a commercial use, and therefore in violation of the licence. Is my reading correct? Clause 2.6 prevents export from any jurisdiction of the Web Workbench software, and any direct product of the software. When Web Workbench compiles SCSS into regular CSS, the resulting CSS would seem to be a direct product of the software. Since I do not filter incoming requests by country, the act of serving this CSS to any given web browser might constitute exportation. This seems like an unreasonable requirement. Am I reading this correctly? Also, you are based in New Zealand; am I in violation of this because I am using the software outside of New Zealand? If this is the case, how do I best obtain the written permission that the licence requires for this? Thank you! |
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Hi Nielson, Thanks for asking about the license :-) We need to tidy up the license a little as we have used the license from existing products we already have -- in this case we don't refer to the free vesion as a 'Personal Release' (although the definition in the license would indeed cover the free version), it's just the free version and entirely usable for commercial and non-commercial users. We'll tighten the wording up around that to prevent confusion. Regarding 2.6 -- I'll need to chat to our law firm regarding this. I can't follow how it makes much sense for us or you but I do recall when this license was written and we went through it in detail with them so every point made sense so blame my poor memory for not remembering why we left it in! On the whole though, we will be updating the license specifically for the Web Workbench to address these issues you have raised as it's certainly not the intention with this product that you'd have such restrictions! Thanks for drawing our attention to this oversight. John-Daniel Trask |
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