software licensing
License for a software project - free for individual users, pay for companies?
<p>If a software utility developer desired to issue a license to his or her software for free for non-commercial use or for individual users, while restricting the free usage of the software by companies of a certain size, requiring the latter to purchase the rights to use the software, does such a license exist and is there a public template one could use as a guide? If so, might it also include a clause stating that the free usage of the software shall require the user to credit the developer in the credits or about page? </p>

<blockquote>
  <p>I'm only asking if there's anything like this free to use or a
  template to create something like that.</p>
</blockquote>

<p>If you're serious about a software license both protecting you from liability and also allowing you to be able to enforce the license against commercial users who don't pay you, get a lawyer to write up a license.</p>

<p>It is a bad idea to use a template or somehow "roll your own" license by writing it yourself or copying (and violating copyright on what you copy) and/or modifying other licenses for what you think you need. You're not a lawyer, and you will miss critical parts of the license which provide enforceability and could even render the contract simply void, as well as not protect you from liability. A lawyer wil cover all the bases, including aspects which you didn't think of.</p>

<p>A lawyer will know if it is possible to base the license on a Creative Commons license that covers free, individual use, but make it also legally binding for commercial users per number of seat usages.</p>

<p>If you're serious about getting paid for commercial use and serious about being able to protect yourself, your copyright and your product when sued, get a lawyer.</p>

<p>The CC-BY-NC-ND license, combined with with a standard license for proprietary commercial software for those who pay would come very close to this, except that it does not include any size standard -- it prohibits free use for  <strong>all</strong> commercial purposes, whether individual, or by a company of any size. If the developer truly wants to permit free use by a company under a certain size, a custom licensee would be needed, and it would be wise to have it reviewed by a lawyer with knowledge of software licenses. In drafting such a custom license, one would need to consider how size would be measured: gross receipts, profits, number of employees, or what. One would need to consider what is to happen when a company &quot;small enough&quot; to get a free license starts to use the program, and then grows so that it is now in the payment required zone. Would companies be required to register their use with the copyright owner? No doubt other issues should be considered as well. The time to consider such issues is <strong>before</strong> releasing the software.</p>
