ORL-2.2
A cloud or hosting provider deploying it for a paying client, under ORL 2.2
Offers managed services to third parties as its primary business. Installing or operating the Work on infrastructure the customer owns and controls. 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
A cloud or hosting provider
Offers managed services to third parties as its primary business.
over 2M USD
Situation
Deploying it for a paying client
Installing or operating the Work on infrastructure the customer owns and controls.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Offers managed services to third parties as its primary business. 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. Installing or operating the Work on infrastructure the customer owns and controls. 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.
Deploying on a customer's own infrastructure is carved out of Section 4 by 4.2, but the Section 5 royalty still attaches to revenue you earn from work that depends on the Work.
Same actor
Other situations for this party.
Non-normative. Where this and the licence text disagree, the licence text applies.