software licensing
Can I use the Microsoft ODBC driver 18 for SQL Server in a commercial application?
<p>I am developing a web application that involves connecting PHP with SQL Server, in order to do so it was necessary to <a href="https://docs.microsoft.com/en-us/sql/connect/odbc/download-odbc-driver-for-sql-server?view=sql-server-ver15" rel="nofollow noreferrer">download and install the Microsoft ODBC Driver 18 for SQL Server for Windows</a>; reading the license it mentions in the part of &quot;Installation and use rights&quot; that &quot;You may install and use any number of copies of the software to develop and test your applications&quot;, I wonder if I wanted to market (not develop or test) my web application so that other users connect to my server, where I have Microsoft Driver 18 for SQL Server installed, through a web browser to make use of my application that needs the Microsoft Driver 18 for SQL Server to be able to work (not to download the driver but to use my web application), is it possible to do it with that driver that I have downloaded or should I buy some other driver or application that allows me to market my application? If so I would like to know why.</p>

<p>This seems a generic license. You couldn't include the full package in your application, but for parts marked as distributable:</p>
<blockquote>
<p>DISTRIBUTABLE CODE. The software may contain code you are permitted to distribute (i.e. make available for third parties) in applications you develop, as described in this Section.</p>
</blockquote>
<p>I expect that the library itself is distributable (there should be a REDIST.TXT file).</p>
<p>If you cold sell to someone else your packaged web application with the msodbc driver, there should be no issue in using it yourself either.</p>
<p>As always, for a &quot;formal&quot; answer, you should ask your lawyer.</p>

<p>If you read the ODBC licence it says</p>
<blockquote>
<p>2 DISTRIBUTABLE CODE.</p>
<p>The software may contain code you are permitted to distribute (i.e. make available for third parties) <strong>in applications you develop</strong>, as described in this Section.</p>
<p>a)   Distribution Rights. The code and test files described below are distributable if included with the software.</p>
<p>i. REDIST.TXT Files. You may copy and distribute the object code form of
code listed on the REDIST list in the software, if any, or listed at
REDIST (<a href="https://aka.ms/odbc18eularedist" rel="nofollow noreferrer">https://aka.ms/odbc18eularedist</a>);</p>
</blockquote>
<p>There is no REDIST.TXT file even if you install the full SDK with the client tools, but on visiting that link, I get a page which says...</p>
<blockquote>
<p>Distributable Code for the Microsoft ODBC Driver for SQL Server</p>
<p><strong>The entire package may be redistributed.</strong></p>
<p>For the latest version of this REDIST file, please visit
<a href="https://aka.ms/odbc18eularedist" rel="nofollow noreferrer">https://aka.ms/odbc18eularedist</a></p>
</blockquote>
<p>To me (not a lawyer) this tells me I can redist the entire installer if I want to, as long as I agree by the other terms. And that would include integrating into your own installer, possibly forcing the user to accept the terms too, or a version of them that affords the same rights and references the EULA.</p>
<p>These drivers are intended to be used in production environments, so it's odd they have made it more confusing than they needed to be.</p>
<p>What do you think?</p>
