ORA-2.2
A scale-up above the threshold naming the project publicly, under ORA 2.2
Past the threshold on trailing revenue, now a Canopy Licensee. Saying your product is built on or compatible with 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
1.8, 11.1, 11.2, 3.1, 5.1, 5.2, 8.1
Who and what
The situation being resolved.
Actor
A scale-up above the threshold
Past the threshold on trailing revenue, now a Canopy Licensee.
20M to 100M USD
Situation
Naming the project publicly
Saying your product is built on or compatible with the Work.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Past the threshold on trailing revenue, now a Canopy Licensee. 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
May you say what you built on?
Yes, irrevocably, provided you are current on Section 5. Section 11.2 guarantees nominative fair use, and that right cannot be revoked, fee-gated, or used as leverage against a paying licensee.
Sections 11.1, 11.2, 8.1
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.