OpenRoots

ORD-2.2

A reseller or systems integrator deploying to customer-controlled infrastructure, under ORD 2.2

Packages and resells software built by others. Providing professional services while the customer owns and controls the infrastructure and account. This resolves to the Canopy tier.

Tier

Canopy

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

A reseller or systems integrator

Packages and resells software built by others.

varies

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.

clear

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

clear

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

clear

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.

  • 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.

  • Section 8.3 of ORD requires a withdrawal of consent to propagate to any derivative you have distributed. Whether that is operationally achievable at depth is a published open question.

Same actor

Other situations for this party.

Evaluating it internallyOperating it internallyShipping it in productionEmbedding it in a product you sellOffering it as a hosted serviceForking and modifying itRedistributing it without chargeReselling itRepackaging itPorting itListing it in a marketplaceUsing it in a larger productDeploying it for a paying clientTraining a model on itIncluding it in a datasetUsing it for retrieval augmentationCrossing the revenue thresholdBeing acquiredChecking licence continuityCombining it with other licencesNaming the project publiclyContributing backBeing auditedDiscovering you are in breachThe Licensor disappearsProducing an SBOM

Non-normative. Where this and the licence text disagree, the licence text applies.