ORA-2.2
A reseller or systems integrator crossing the revenue threshold, under ORA 2.2
Packages and resells software built by others. Your organisation passes the threshold while already using the Work. This resolves to the Canopy tier.
Tier
Owed
A quarterly Canopy Report. Section 5.1 imposes a royalty only when the Canopy Licensee makes Production Use.
Sections in play
1.4, 1.8, 2.3, 3.1, 5.1, 5.2, 5.4
Who and what
The situation being resolved.
Actor
A reseller or systems integrator
Packages and resells software built by others.
varies
Situation
Crossing the revenue threshold
Your organisation passes the threshold while already using the Work.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Packages and resells software built by others. 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?
A quarterly Canopy Report. Section 5.1 imposes a royalty only when the Canopy Licensee makes Production Use.
Sections 5.1, 5.2
Is anything owed retroactively?
No. Section 5.4 states the obligation begins on the date the threshold is crossed and applies forward only. Rights already exercised are unaffected. On an acquisition, Section 1.4 aggregates entities under common control, so the acquirer's revenue is what counts from the closing date.
Sections 1.4, 5.4, 2.3
Cautions
What this situation gets wrong most often.
Section 1.7 excludes an entity acting as a reseller or intermediary for a Legal Entity above the threshold from the Root tier, even where its own revenue is small.
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.