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Steve132

Strange License question

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Hi there, I was wondering about something with software licenses related to programming.... I guess that it might be a LITTLE off-topic, but I wasn't quite sure where else I could ask.... I started using a freeware program I got online to create some special artwork data that I intended to use in my programs... However, when reading through the license again, it mentions that it and all derivitive works can only be used for a Non-commerical purpose... does that mean that my intended use violates the agreement if my program is a commercial product? I guess a simpler way of putting this would be that I need to know whether artwork created with the program would fall under a "derivitave work" or not. The license seems to suggest that a derivative work is one that uses or modifies the orignal code, which I am certainly NOT doing (all of the data processing code my programs do is code I wrote myself.) However, I would like a second opinion to be sure (dont feel comfortable violating agreements:)) Can anyone give me any answers about this? btw, the link to the agreement in question is here: Agreement

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3. As used in this Agreement, "Non-Commercial Purpose" means use of the Software and Derivative Works solely for education or research. "Non-Commercial Purpose" excludes, without limitation, any use of the Software or Derivative Works for, as part of, or in any way in connection with a product (including software) or service which is sold, offered for sale, licensed, leased, loaned or rented.

In my opinion you would be in violation as you are producing art for a commercial product and not using their software solely for education or research.............

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It's very un-clear what THEY mean by "derivative work".

In copyright law, the output of a tool is generally not inherently tainted by the copyright of the tool (i e, the output is not derivative of the tool), but it may be tainted by the inputs to the tool, if the inputs are protected and recognizable in the output. It's not clear whether their definition of "derivative" is something else, though.

I suggest asking them directly. If that's not an option, I suggest getting legal advice from a licensed legal professional.

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