Academic vs Pro Licencing

[Comet]

Hi

I have had a look on the net with regards to whether you can sell
applications you created with Visual Studio .NET 2003 Academic. It seems to
be as clear as mud!

Can anyone help? Are you?

Comet

 

[A.A. Fussy]

It seems that you can distribuate programs for non-commercial purposes only,
although Iam not sure about this either (as I'm getting the academic version
too)

 

[Peter van der Goes]

Hi

I have had a look on the net with regards to whether you can sell
applications you created with Visual Studio .NET 2003 Academic. It seems to
be as clear as mud!

Can anyone help? Are you?

Comet

It can be a bit confusing, and how you acquired your copy of the Academic
Edition is also a factor in the equation, IIRC.
If you purchased the Academic Edition as a retail, boxed product, then you
may distribute applications you've developed. If you acquired the Academic
Edition by other channels, then distribution of applications other than for
academic or research purposes is not permitted (at least that's what I
believe I've read from credible sources).
The recognized authority on this topic is a gentleman named George Conard,
who (IIRC) is the Program Manager for the Academic Edition. Here is a fairly
recent quote from him (10/02/2003) that may help:

 

[Michael]

And if you did sell your application, how the heck would anyone know which
version of VS you had or how you acquired it, anyway?

 

[Peter van der Goes]

And if you did sell your application, how the heck would anyone know which
version of VS you had or how you acquired it, anyway?

I believe the OP was interested in the terms of the license, with the
intention of wanting to comply. The issue of "what can I get away with?" is
quite different, as we all know.

 

[Dino Chiesa [Microsoft]]

In reply to the original request,

MS provides a special pricing of Visual Studio to academic customers without
restricting the commercial use of apps produced with the tool. In other
words, a customer, if they meet the requirements for the academic license,
can license the academic edition of VS, can build apps with it, and can sell
those apps for commercial purposes.

-Dino

 

[Peter van der Goes]

In reply to the original request,

MS provides a special pricing of Visual Studio to academic customers without
restricting the commercial use of apps produced with the tool. In other
words, a customer, if they meet the requirements for the academic license,
can license the academic edition of VS, can build apps with it, and can sell
those apps for commercial purposes.

-Dino

Dino,
Thank you very much for stepping in with a first-hand authoritative answer!
The quote from George Conard should have been enough, but your statement is
the definitive closer.

 

[Kory Postma]

Well here is another question then. I'm a student and say I bought a
copy of it and then in another year I graduate and am no longer a
student. Can I still use the software? According to some EULAs I
think the answer would be no. Any information about this?
Kory (actually a MSDN pro subscriber)

 

[Matt Burland]

I'm pretty sure you can still use it, but I'd certainly like the definitive
answer on that one. IIRC the deal with all the on campus Microsoft freebies
was that you were allowed to continue using them after you graduate. I
assume Microsoft are hoping you've got into the habit of upgrading by then
and will be willing to start paying for upgrades.

 

[Kory Postma]

Well do you have the EULA from the academic version? Could you post
it here?
Kory

 

[Matt Burland]

The only thing my EULA says about the academic version is this:

13. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic
Edition" or "AE," you must be a "Qualified Educational User." For
qualification-related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft
subsidiary serving your country.

Which might imply that you have to continue to be a "Qualified Educational
User" to keep using it, but I'm pretty sure that I read somewhere that you
were allowed to continue using the software after graduation, but I can't
remember where I saw that. If I find it again, I'll post it, unless somebody
more qualified can answer the question in the meantime.

 

[Matt Burland]

Just found something else on MS site
(http://www.microsoft.com/education/default.asp?id=ca3faq#19):

Q20. What happens when students graduate? Can they legally keep the software
on their personal machines?

----------------------------------------------------------------------------
----
A. Yes. Upon graduation, students licensed under the Student Option are
granted perpetual use rights for the selected Campus Agreement products.

You will be responsible for ensuring that graduating students with perpetual
use rights receive a Student License Confirmation (Exhibit "1" to the
Subscription Enrollment) upon leaving the institution. Your institution must
have a Student Option agreement in place at the time of the student
graduates in order to distribute the Student License Confirmation.

Example: A university enters into a Campus Agreement on August 1, 2001. It
signs up for the Student Option and orders Office CDs for students. In
January 2002, 100 students graduate. These students are legally licensed to
keep the software on their personal machines when they graduate. If the
university decides not to renew its Campus Agreement Student Option on
August 1, 2002, all remaining students must remove the software from their
machines at the institution's liability. If the university has not renewed
the Agreement and students graduate after August 1, 2002, they do not
legally own the software license(s) and must remove it from their machines.

So, if I'm understanding this correctly, if the university still has the
campus agreement with MS when the student graduates, the student can keep
the software. But if the university fails to renew the agreement, everybody
on campus must remove the software from their computers, but I think people
who have already graduated before that are still okay. It makes sense since
technically the students usually do pay for the software through their
"computer and technology" fee (or whatever any given university chooses to
call it). On the other hand, I'm not sure where you get a "Student License
Confirmation"?

 

[Peter van der Goes]

The only thing my EULA says about the academic version is this:

13. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic
Edition" or "AE," you must be a "Qualified Educational User." For
qualification-related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft
subsidiary serving your country.

Which might imply that you have to continue to be a "Qualified Educational
User" to keep using it, but I'm pretty sure that I read somewhere that you
were allowed to continue using the software after graduation, but I can't
remember where I saw that. If I find it again, I'll post it, unless somebody
more qualified can answer the question in the meantime.

Matt, thank you for taking the trouble to quote the pertinent section of the
EULA, which provides the point of contact if the reader needs clarification.

 

[Peter van der Goes]

Well do you have the EULA from the academic version? Could you post
it here?
Kory

Matt has posted the applicable section of the EULA as provided with the
retail boxed product. If you have further questions, I'd suggest writing a
letter to Microsoft, using the address provided, as the best way to get the
answers you seek.