ORA-2.2
An enterprise deploying to customer-controlled infrastructure, under ORA 2.2
Large organisation with procurement, legal review, and an SBOM process. Providing professional services while the customer owns and controls the infrastructure and account. This resolves to the Canopy tier.
Tier
Owed
0.5% of revenue attributable to products or services that depend on the Work, capped at $250,000 per year, plus a quarterly Canopy Report.
Sections in play
1.8, 1.9, 3.1, 5.1, 5.2
Who and what
The situation being resolved.
Actor
An enterprise
Large organisation with procurement, legal review, and an SBOM process.
over 50M USD
Situation
Deploying to customer-controlled infrastructure
Providing professional services while the customer owns and controls the infrastructure and account.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Large organisation with procurement, legal review, and an SBOM process. Section 5.2 reporting applies; the Section 5.1 royalty attaches when the Licensee makes Production Use and only to attributable revenue.
Sections 1.8, 3.1, 5.1
Is anything owed?
0.5% of revenue attributable to products or services that depend on the Work, capped at $250,000 per year, plus a quarterly Canopy Report.
Sections 5.1, 5.2
Does this count as Production Use?
Yes. Providing professional services while the customer owns and controls the infrastructure and account. Section 1.9 covers internal operation at operating scope and systems made available externally to customers or the public. Development, testing, evaluation, research, and personal non-revenue use remain outside it.
Sections 1.9
Cautions
What this situation gets wrong most often.
Attribution lives in the package manifest under ORA 8.1, not only in documentation, because an agent package is installed by a machine that never reads a directory listing.
Same actor
Other situations for this party.
Non-normative. Where this and the licence text disagree, the licence text applies.