Selling Stuff with Dreamspark

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Post » Tue Mar 31, 2009 12:26 am

Hello we where talking in the chat about the awesome Dreamspark program. I was looking through the TOS and found this

[quote:1e59ucaj]PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. [/quote:1e59ucaj]

Now I personally think that this means you can still sell what you CREATE but you cant sell the program you get from the service nor in anyway provide some one with access to the program.

but some people claim that the Derivative work covers anything you would make using the programs.

Im not sure how this works out legally so maybe if some one is a lawyer **cough** RICH **Cough**
They could clear this up for us.
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Post » Tue Mar 31, 2009 5:17 am

No, this means that you cannot use it for commercial use. Making something with Dreamspark and selling it constitutes commercial use. Student versions of all kinds of software are often tagged with this limitation.
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Post » Tue Mar 31, 2009 7:48 am

Makes sense ... you need to spend money to make money usually... just kinda sad since students are always broke and selling applications cheap is a good way to make money to afford the next value pack of 2 minute noodles :P
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Post » Tue Mar 31, 2009 8:35 am

[quote:2zzt3yff]Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.[/quote:2zzt3yff]

Sadly yes, it means you can't sell anything you create with any Dreamspark program.

It's explained better here (the above wording would be open to question on its own):

A. This software is being provided to students for non-commercial use in particular academic activities. Pricing for commercial uses varies by channel and the associated rights, but products for non-academic use by non-students would typically be hundreds of dollars or more.
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Post » Tue Mar 31, 2009 2:00 pm

there is no free lunch. except construct! happy monkey dance.
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Post » Tue Mar 31, 2009 4:14 pm

Ok just wondering because that one Part makes it seem like you cant sell the service which makes sense but you can still sell your stuff. but that statement rich found clears it up.

Not all educational software is regulated to non-commercial use I believe the student version of CS can be used for commercial use as long as you bought it when you were a student. Ive talked with a few freelance graphics artists that use the student version because of that.

Oh well though we can still give our plugins away but its a good thing to know in case you do want to sell a plugin you make. All though I dont think Microsoft would ever know/care either way.
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Post » Tue Mar 31, 2009 4:58 pm

I'm sure the worst that happen would be Microsoft asking you to purchase the full version. I don't think they'd ask us developers to do that unless we were selling Construct, and I don't think they'd ask any indie developers selling Construct-made stuff to do that either, because they're not using Visual Studio :P
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Post » Tue Mar 31, 2009 5:02 pm

Besides, even if it did represent a problem - which from the wording I'd doubt - someone who has a non student copy could simply compile Construct.
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Post » Sat Jan 03, 2015 12:05 pm

After more than four years, things are quite clear:

"Except as provided below, you may not use the DreamSpark Direct Subscription software for commercial purposes or commercial software application development, publication or distribution unless you first purchase the appropriate commercial license(s) for the software."

The above text is exerted from:
Microsoft Software License Terms
MICROSOFT DREAMSPARK DIRECT SUBSCRIPTION AGREEMENT


which you can find here (be careful, you have to delete spaces in the link, otherwise it will not work):
https:// www. dreamspark. com /Student /Direct-EULA.aspx

P.S. Spaces are here because I'm not allowed to post links due to reputation. :)
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