Can MSVS Express be used to develop software which is then going to be distributed commercially? I didn't find clear restrictions against it in EULA, but then i wouldn't rely on myself being my own lawyer... Same question regarding JDK (SE and ME). Also, what constitutes "commercial use"? Say, if software is "shareware", but user is allowed to "evaluate" it for unlimited amount of time with full functionality?

Quote: Original post by ertyqwer
Can MSVS Express be used to develop software which is then going to be distributed commercially? I didn't find clear restrictions against it in EULA, but then i wouldn't rely on myself being my own lawyer...

Yes, MS just waives any liability in the matter.

Quote: Also, what constitutes "commercial use"? Say, if software is "shareware", but user is allowed to "evaluate" it for unlimited amount of time with full functionality?

What? Commercial means you're earning money from sales/licenses.

Quote: Original post by ertyqwer
Also, what constitutes "commercial use"? Say, if software is "shareware", but user is allowed to "evaluate" it for unlimited amount of time with full functionality?

That you're using it with the intention of making a profit.

Quote: Original post by Promit
Yes, MS just waives any liability in the matter.

Don't they either way? Anyways, thanks for clearing that up.

Quote: Original post by Promit
What? Commercial means you're earning money from sales/licenses.

Well, technically i'm selling registered versions (even though the only difference from unregistered version is that is says "registered"), and potentially future bonuses for those who registered. Yes, essentially it's closer to "donationware" scheme, except i don't want to put it like i'm "asking for donation", and do want to give at least something in return for registration (even if it's purely symbolic at the moment).

Quote: Original post by tok_junior
That you're using it with the intention of making a profit.

Well, i don't know the legal definitions of "commercial software" or "making profit". It is likely that my layman understanding of it might differ. In fact, my understanding might even differ from layman definition, as English is not my first language.

The idea is, i want to make something, because i want to make it. Then i want other people to be able to use it, since (and also if) it doesn't really cost me anything. Then if there's a chance i can make some money off of it, i don't mind that either, unless it's more hassle than it's worth.

Quote: Original post by ertyqwer
....Then if there's a chance i can make some money off of it, ....

That's commercial use. If you sell something, give it away in exchange for "donations", sell registrations or even give it away free from a web site which earns you money from adverts its all commercialisation. Your project may start off just being for fun, you may even give it away as freeware for weeks/months/years but if at any time you introduce a method of receiving money it becomes a commercial venture.

So if, say, i make a mod for HL2, few hundreds of people download it from my website, and then i add a donation button to the website - i must now pay Valve for using Source for commercial purpose? Or what if someone else provides a download mirror and puts a button/banner on their site?

Also, assuming i'm using 100% freeware tools for the project - what's different between making the product commercial or free? Do i have any kind of responsibilities at all if the product is free (assuming of course that it doesn't do anything intentionally malicious)? Do i get added responsibilities if the product is commercial (even if disclaimer is provided)?

What if i make something that's free, is hosted on a non-commercial website, but i happen to get money from increased visibility i recieved after the product (supposedly) became popular (for a most basic example, say someone decides to hire me for a better job after seeing my work) - does that make my product commercial?

These may sound like ridiculous questions, but i'm not trying to be ridiculous, just trying to get some understanding on where the boundaries are - seems like they are closer than it seemed.

Quote: Original post by ertyqwer
So if, say, i make a mod for HL2, few hundreds of people download it from my website, and then i add a donation button to the website - i must now pay Valve for using Source for commercial purpose?

Yes.

Quote: Original post by ertyqwer
.....just trying to get some understanding on where the boundaries are - seems like they are closer than it seemed.

The boundary is intent. As soon as you do something with the intention of making money it becomes commercial. If you add a donate button you just became commercial. If you offer a free game from your web site, with the intention of attracting people in the hope that they buy some other games you have, that is commercial.
Of course you also need to take account of what the licensor considers to be commercial too. Valve may have a license that allows donations but not direct sales. Same with other tool makers. You need to review their license and see what they define as commercial.

Well, even if i make a game just for fun, and release it for free with no intention of making money off of it - it can, for example, generate more visibility for my name, which will serve as "advertisement" for any "commercial" activity i might start later, even totally unrelated - at which point my free game will come back to bite by back because it's now "commercial" too, with all the repercussions i haven't even thought of when making it just for fun. I guess i'd better consult a lawyer before releasing anything to the public, even non-commercial...

Thanks for clarifying it anyways.

Quote: Original post by ertyqwer
I guess i'd better consult a lawyer

Welcome to the world of business.