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May I sell Delphi 2005 Personal Applications


2005-06-15 04:39:09 AM
delphi58
Hello together,
as I read the license text to Delphi Personal 2005 I can commercally program
applications with it and sell them to my customers as long as I am a single
programmer, even if I am running a small business.
Is this right or do I misunderstand the term?
Thanks for your help,
Andreas Vo▀loh
 
 

Re:May I sell Delphi 2005 Personal Applications

In article <XXXX@XXXXX.COM>, XXXX@XXXXX.COM
says...
Quote
Hello together,
as I read the license text to Delphi Personal 2005 I can commercally program
applications with it and sell them to my customers as long as I am a single
programmer, even if I am running a small business.

Is this right or do I misunderstand the term?

Thanks for your help,
Andreas Vo▀loh



No that is why it is called 'Personal', once you generate income you are
considered a professional.
 

Re:May I sell Delphi 2005 Personal Applications

Quote
No that is why it is called 'Personal', once you generate income you are
considered a professional.
Have you read the Delphi 2005 Personal license, or are you following
your own path of logic here, based on the word "Personal"?
John
Mark
 

Re:May I sell Delphi 2005 Personal Applications

"Andreas Vo▀loh" <XXXX@XXXXX.COM>writes
Quote
Hello together,
as I read the license text
Since very few have the personal version, please post the text here or in
the attachments group.
Regards
Uffe
 

Re:May I sell Delphi 2005 Personal Applications

Quote
as I read the license text to Delphi Personal 2005 I can commercally program
applications with it and sell them to my customers as long as I am a single
programmer, even if I am running a small business.

Is this right or do I misunderstand the term?
I{*word*7}but I understood it as meaning you can, as an individual sell it,
but your company (even if its only employee is yourself) cannot.
Implications are that you can not recover VAT f.i., and that you will fall
under whatever fiscal laws apply to individuals (vs those that apply to
companies), which in and of itself is bound to severely encourage you to
move to a regular license if your sales ever take off.
Eric
 

Re:May I sell Delphi 2005 Personal Applications

Quote
Since very few have the personal version, please post the text here
or in the attachments group.

Regards
Uffe
I have the APC mag (Australian) with D2005 personal on it. In the
description you get before instaloing Delphi it says the following :
<quote>
In short, a personal licence means you can use Delphi 2005 Standard
(Personal) only if you are an individual rather than a business.
According to the licensing for this product, Borland grants to you, if
you are an individual only a personal, non-exclusive, non-transferrable
and limited licence to use the Product solely to create, compile
(including byte code compile), test and deploy, in source or object
code form, your own application programs and other works solely for
personal use. You may use the Product or any Works for any commercial
or business purpose provided that you are an Individual. Subject to the
other terms and conditions of this Agreement, you may distribute your
Works to others. If you are an entity, you may not obtain a Personal
licence.
</quote>
While this is what it says, I must admit it was not my previous
understanding. I believed also that to sell a product written in
delphi you need a professional or highere lisence. Solo developer or
otherwise.
I have professional already so I will have to get a VM window installed
before I can check the install itself to see what it says. In the mean
time, I thought this may help you guys.
 

Re:May I sell Delphi 2005 Personal Applications

Robin Martain writes:
Quote
You may use the Product or any Works for any commercial
or business purpose provided that you are an Individual.
Cool - that sounds clear enough, and that is a big improvement.
--
Colin
 

Re:May I sell Delphi 2005 Personal Applications

Quote
>You may use the Product or any Works for any commercial
>or business purpose provided that you are an Individual.

Cool - that sounds clear enough, and that is a big improvement.
Yes, use. Not sell. So it is not allowed to sell software created by the
personal edition.
-Atle
 

Re:May I sell Delphi 2005 Personal Applications

For clarification, the *actual* install of Delphi Personal has the
following in the agreement:
<quote>
2.4 Personal License. The terms of this Section 2.4
are applicable to you only if you have acquired a
Personal License, as defined below, for the Personal
edition of the Product directly from Borland or a
Borland authorized distributor or reseller. Subject to
the terms and conditions of this License, Borland
grants to you, if you are an individual only ("Named
User") a personal, nonexclusive, nontransferable and
limited license to use the Product solely to create,
compile (including byte code compile), test and deploy,
in source or object code form, your own application
programs and other works ("Works") solely for personal
use. You may use the Product or any Works for any
commercial or business purpose ("Commercial Purpose")
provided that you are an Individual. Subject to the
other terms and conditions of this Agreement, you may
distribute your Works to others. If you are an entity,
you may not obtain a Personal License.
</quote>
 

Re:May I sell Delphi 2005 Personal Applications

Atle SmelvŠr writes:
Quote
Yes, use. Not sell. So it is not allowed to sell software created by
the personal edition.
I don't see where it says that. It even says:
"You may use the Product or any Works for any commercial
or business purpose provided that you are an Individual. Subject to the
other terms and conditions of this Agreement, you may distribute your
Works to others."
I'd have to see the rest of the Agreement, though.
--
Leonel
 

Re:May I sell Delphi 2005 Personal Applications

"Robin Martain" <Robin@.com>writes
Quote
Subject to
the terms and conditions of this License, Borland
grants to you, if you are an individual only ("Named
User") a personal, nonexclusive, nontransferable and
limited license to use the Product solely to create,
compile (including byte code compile), test and deploy,
in source or object code form, your own application
programs and other works ("Works") solely for personal
use.
So, since the word "sell" isn't mentioned, we are not allowed to do that?
Previous versions where much clearer in this area.
Quote
You may use the Product or any Works for any
commercial or business purpose ("Commercial Purpose")
provided that you are an Individual.
In these egocentric times, we are all individuals?
Quote
Subject to the
other terms and conditions of this Agreement, you may
distribute your Works to others. If you are an entity,
you may not obtain a Personal License.
So non-personal companies can not use a personal license, right? But
personally owned "companies" can?
Regards
Uffe
 

Re:May I sell Delphi 2005 Personal Applications

Uffe Kousgaard writes:
Quote
So non-personal companies can not use a personal license, right? But
personally owned "companies" can?
I don't read it that way. A person can use the license, if he's not
working for a company. A company can't, regardless if it is owned by a
person or a group of people.
--
Leonel
 

Re:May I sell Delphi 2005 Personal Applications

Leonel a Úcrit :
Quote
Uffe Kousgaard writes:


>So non-personal companies can not use a personal license, right? But
>personally owned "companies" can?


I don't read it that way. A person can use the license, if he's not
working for a company. A company can't, regardless if it is owned by a
person or a group of people.

I jump into the thread :
So, what about people developping softwares at home ? , they are able to
sell they product ins't it ? I don't see anything in the licence going
against that !
 

Re:May I sell Delphi 2005 Personal Applications

Stephane Wierzbicki writes:
Quote
Leonel a Úcrit :

>Uffe Kousgaard writes:
>
>
>>So non-personal companies can not use a personal license, right? But
>>personally owned "companies" can?
>
>
>
>I don't read it that way. A person can use the license, if he's not
>working for a company. A company can't, regardless if it is owned by a
>person or a group of people.
>

I jump into the thread :

So, what about people developping softwares at home ? , they are able to
sell they product ins't it ? I don't see anything in the licence going
against that !
Yes, as long as it is sold in your name. At least that is how I get it.
 

Re:May I sell Delphi 2005 Personal Applications

Quote
>>I don't read it that way. A person can use the license, if he's not
>>working for a company. A company can't, regardless if it is owned by a
>>person or a group of people.
>>
>
>I jump into the thread :
>
>So, what about people developping softwares at home ? , they are able to
>sell they product ins't it ? I don't see anything in the licence going
>against that !

Yes, as long as it is sold in your name. At least that is how I get it.
I think it is remarkably vague. I thought the whole point of hiring expensive
lawyers was to introduce (legal) clarity into the document so that the
points were (legally) clear and could not be contested.
It says you can produce works "solely for personal use."
However, "You may use the Product or any Works for any commercial or
business purpose ("Commercial Purpose")
provided that you are an Individual. Subject to the other terms and
conditions of this Agreement, you may distribute your Works to others."
I don't see though were it specifically says you can sell the product, or
conversely where it says that you can't. You might think that "any
commercial or business purpose" includes selling it, especially given that
you are allowed to distribute it, but that might not be the intention of the
clause. It might mean, for example, that if you somehow build yourself an
equivalent of MS Word and MS Excel using Delphi personal, you can use these
"works" for commercial purposes in your home business as a sole contractor,
and you can distribute them to others.
I think perhaps the document might need to be read as a whole to determine
what your rights with the personal licence are. Clause 2.4 by itself as
quoted is very vague and ambiguous, IMO.
Lauchlan M