@@ -11,53 +11,54 @@ Binary Release, User agrees to be bound by the terms of this Agreement.
1111
12121. Applicability
1313
14- Project agrees to provide User with the Binary Release in exchange for the
14+ Project agrees to provide User with the Binary Release in exchange for the
1515Fees outlined in Section 2, subject to the terms of this Agreement. The Fee
16- applies only to Users that generate revenue by the Software.
17- Non-revenue-generating use of the Software is exempt from this Fee. In
18- addition, Users who pay separate support and/or maintenance fees to the
19- maintainers of the Software are exempt from the Fee outlined in this
20- Agreement. This distinction ensures that duplicate fees are not imposed,
21- promoting fairness and consistency while respecting alternative support
16+ applies only to Users that use the Software as part of revenue-generating
17+ activities and have an annual gross revenue greater than or equal to
18+ US$10,000. Users whose annual gross revenue is less than US$10,000 are exempt
19+ from this Fee. In addition, Users who pay separate support and/or maintenance
20+ fees to the maintainers of the Software are exempt from the Fee outlined in
21+ this Agreement. This distinction ensures that duplicate fees are not imposed,
22+ promoting fairness and consistency while respecting alternative support
2223arrangements.
2324
24252. Monthly Fee and Payment Terms
2526
26- Revenue-generating Users required to pay the Fee shall follow the payment
27- terms set forth by the Project. Failure to comply with these terms may result
28- in suspending access to the Binary Release. However, this does not restrict
29- the User from obtaining or redistributing binaries from other sources or
27+ Revenue-generating Users required to pay the Fee shall follow the payment
28+ terms set forth by the Project. Failure to comply with these terms may result
29+ in suspending access to the Binary Release. However, this does not restrict
30+ the User from obtaining or redistributing binaries from other sources or
3031self-compiling them.
3132
32333. Nature of the Fee
3334
34- The Fee is not a license fee. The Software's source code is licensed to User
35- under the OSI License and remains freely distributable under the terms of the
35+ The Fee is not a license fee. The Software's source code is licensed to User
36+ under the OSI License and remains freely distributable under the terms of the
3637OSI License and any applicable open-source licenses.
3738
38394. Conflicts with OSI License
3940
40- To the extent any term of this Agreement conflicts with User's rights
41- under the OSI License regarding the Software, the OSI License shall govern.
42- This Agreement applies only to the Binary Release and does not limit User's
43- ability to access, modify, or distribute the Software's source code or
44- self-compiled binaries. User may independently compile binaries from the
45- Software's source code without this Agreement, subject to OSI License terms.
46- User may redistribute the Binary Release received under this Agreement,
47- provided such redistribution complies with the OSI License (e.g., including
48- copyright and permission notices). This Agreement imposes no additional
41+ To the extent any term of this Agreement conflicts with User's rights
42+ under the OSI License regarding the Software, the OSI License shall govern.
43+ This Agreement applies only to the Binary Release and does not limit User's
44+ ability to access, modify, or distribute the Software's source code or
45+ self-compiled binaries. User may independently compile binaries from the
46+ Software's source code without this Agreement, subject to OSI License terms.
47+ User may redistribute the Binary Release received under this Agreement,
48+ provided such redistribution complies with the OSI License (e.g., including
49+ copyright and permission notices). This Agreement imposes no additional
4950restrictions on such rights.
5051
51525. Disclaimer of Warranty and Limitation of Liability
5253
53- THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY
54- EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
55- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
56- DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
57- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
58- DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
59- SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
60- CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
61- OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
62- OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF
54+ THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY
55+ EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
56+ WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
57+ DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
58+ ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
59+ DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
60+ SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
61+ CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
62+ OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
63+ OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF
6364SUCH DAMAGE.
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