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[mbd]

The licence chapter in the file xmplay.txt (included in the XMPlay ZIP package) begins with the following sentence: "XMPlay is free for non-commercial use; if anyone tries to charge you for it, kick 'em where it hurts."

How is non-commercial use defined? Does it only mean that I am not allowed to give XMPlay away for money?

Imagine that I want to use XMPlay ...

• ... on a music event or in a club/discotheque,
• ... on a computer in a pub or barber's shop (to offer background music to guests/customers),
• ... on a company's computer in my office just to listen music while working.

Is any of this commercial use (and not allowed by licence)?

[Dotpitch]

I think Ian intends (though he should confirm that himself ) it to be similar to the BASS licensing case:
BASS is free for non-commercial use. If you are a non-commercial entity (eg. an individual) and you are not making any money from your product (through sales, advertising, etc), then you can use BASS in it for free.

For the cases you've mentioned, I'd say:

• If the event is free and you don't get paid for the job, it is allowed. Otherwise, you're doing commercial stuff with XMPlay and it's not allowed.
• Having a shop, you're a commercial entity, so it's not allowed.
• As an employee, you don't make the money by using XMPlay, so it's allowed.

If you'd like to use it in a commercial case, you'll have to contact Ian to get his permission. I suggest you offer him XMPlay-billboards in your shop .

[saga]

similar to the BASS licensing case

Though that would be a bit weird for a ready-made piece of software (which BASS is for example not). So yep, Ian should confirm whether this is the case, as it is not 100% clear.

[Pike84]

I suggest you offer him XMPlay-billboards in your shop .

Heh... I'm imagining posters saying "Music software courtesy of Un4seen Developments" as you enter a fancy club

[Zarggg]

I'm pretty sure the extent of the XMPlay license is, "You don't charge other people to get/use it."

[Pike84]

Technically it should go as Dotpitch said, but it's true that it doesn't mean much in reality. If the use is/was limited in commercial applications, then entrepreneurs would just use another player or simply wouldn't care about it.

[edit]...and I was thinking quite small scale here. It wouldn't be right, if a big enterprise where music is important would settle for XMPlay for life without ever paying a dime for it .

[Ian @ un4seen]

How is non-commercial use defined? Does it only mean that I am not allowed to give XMPlay away for money?

Imagine that I want to use XMPlay ...

• ... on a music event or in a club/discotheque,
• ... on a computer in a pub or barber's shop (to offer background music to guests/customers),
• ... on a company's computer in my office just to listen music while working.

Is any of this commercial use (and not allowed by licence)?

Commercial use of XMPlay would basically be where it is used to make money. So your 3rd case (listening to music on your work computer) is fine. The 1st case would generally be commercial use, ie. XMPlay is being used to make money. The 2nd case could be considered commercial use too; the customers aren't specifically paying to hear music, but perhaps it's creating an ambiance that's conducive to drinking and hair cutting

Anyway, if we're talking about an individual or small business making a bit of money through using XMPlay at an event, that won't be a problem. It is only really where larger businesses/sums are involved that prior agreement would be needed.