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Please Review: Proposed License Agreement Changes

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Your voice was heard. A couple of weeks was too long to wait for unequivocal clarification of our licensing issues. I asked the team to make resolving the confusion our #1 priority and they have delivered.

As promised, I want to be fully transparent with you given some of the confusion between what’s “free” versus what’s “open source” and what you can or cannot do with the free (and open source) products.

We have made what we think are all the necessary changes to the App Explore license agreement to make it very, very clear between what’s open source and free, what you have to pay for, and we removed any ambiguous or onerous legalese.

I’m posting below the “redline” to the current agreement with our proposed changes so you can see them before we make them official. Our current plan is to make this version of the license (for App Explore package) become official on Wednesday, October 10, 2012.

I welcome your feedback. Please leave any in the comments of this post.

Non-lawyer changelog for the agreement:

  • Made it very clear that Titanium SDK, Alloy, Titanium CLI are not specifically covered under the App Explore license agreement and are covered under the Apache Public License, version 2.
  • Made it clear that the Titanium Studio product (which you download) is free to use under the App Explore license, but not open source.
  • Cleaned up the license agreement to disambiguate the difference between the open source products and the non-open source products.
  • Made it clear that you can fork any of the products under the Apache licenses and do what you want, provided you comply with that license.
  • Made it clear that the apps that you build under the App Explore license have no financial obligation to Appcelerator.
  • Made it clear that the apps that you build will not contain ads (unless you specifically grant us permission by using a module or another third-party ad service integrated into Titanium).
  • Made it clear that we reserve the right to serve ads in Titanium Studio (for example, on the dashboard to advertise a popular module in the Marketplace).
  • Made it clear that you can turn analytics off in your application at any time and clarified that you must comply with any applicable privacy laws depending on your own legal jurisdiction.
  • Made it clear that under the agreement, we have no obligation to provide the licensee with support, indemnification or warranty.

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10 Comments

  1. Titanium developer

    I would publish a table describing what IS and NOT included in the free version the way any developer knows that he has to pay for using some services.

    I’m proud to be an appcelerator developer, your SDK rocks and I would pay for using such a nice dev tool, but I know where are going to…

    Thanks for your awesome work!

    Hope it helps!

    Regards

  2. Hi Jeff,

    I’d like to thank you for your efforts on this. It is great to see that you listen you your users and the community.

    The appcelerator licensing, terms and conditions were always confusing, even to me who has spent a lifetime on these sorts of things so it is great to see a general clean up.

    Regards,

    Nick

  3. Great job clarifying things. One area that I still find confusing is what are the ‘Appcelerator Enterprise Extensions’ that are listed on the Pricing page. [http://www.appcelerator.com/plans-pricing/]

    The use of paid Analytics, ACS and Support are very clear, but I cannot find any references to ‘Appcelerator Enterprise Extensions’ except on the pricing page. Searching the Appcelerator website on the phrase ‘Enterprise Extensions’ doesn’y yield to any meaningful results. Are they the old Titanium+ modules? Perhaps the should have their own page describing what they are (and aren’t).

    Jeff

  4. Kai Müller

    Thanks a lot for listening to the developer’s voice!

    Cleaning up is a good idea. My wish is: could you also please clarify how the Indie subscriptions fit into the new Plans and Pricing offers, as announced in
    http://developer.appcelerator.com/question/137355/what-happened-to-the-indie-subscription

    Kai

  5. Jeff, This is much clearer about Studio as the products (which is how I read the licence agreement anyway.)

    It is good to have separated the confusing terms ‘products’ and ‘runtime products’ which I believe to be the source of the initial issues.

    The only thing I would say is that a perpetual licence to the runtime products may mean that a future update to Studio or the runtime or the mobile OS might make an app difficult to maintain. I dont know what you could do about that but this does have an impact on supportability for products built upon the ‘runtime products’.

    Angus

  6. I agree a table in addition to this would help make it even clearer. Glad to see it’s coming along.

  7. Darren Cope

    Can I add another clause?

    Made it clear to the sales staff.

    As with the majority of people who use this product we are not against paying for what is a brilliant tool. However, for a lot of the indie developers there is not a lot of money in the apps we create at the moment, so having to pay to use the tool up front would be the death of the Appcelerator. Getting a mass of users and apps in the store will pay dividends in the long run. I am glad that Jeff sees this and has reiterated that Appcelerator will remain free to enter.

    These are exciting times and deals with technologies such as SAP show a lucrative direction for the company and developers.

    Hang in there.

  8. That is great. Looks a lot clearer now.

    There was this point previously brought up about using the pre-compiled binaries. I am assuming there use if fee free and covered by the app explorer license. Maybe make clear.

    Also currently, the App Explorer page says support is web based and best response. However, experience says the Q&A section seems to rarely visitsed by Ti staff and rarely answered. Might be worth changing that page to say community support.

  9. Mario

    Hi,

    I see this is a proposal. Could you please clarify if this is the final license agreement that is in place?

    For me to consider seriously a choice platform I would like to have the license clearly accessible on the website. I think it makes sense don’t you think?

    Regards,
    Mario

  10. Gregory DiPaolo

    Mario,

    Yes, you can find the updated license agreement that is in place here: http://www.appcelerator.com/legal/appexplore-agreement. It’s clearly accessible through the legal documents on the website.

    Thanks,
    Greg

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