# Commercial Licensing

This software is licensed under the Business Source License 1.1 (BUSL-1.1).
See the [LICENSE](LICENSE) file for terms. The default grant permits copying,
modification, derivative works, redistribution, and non-production use. Limited
production use is permitted by the Additional Use Grant in the LICENSE, subject
to the boundary described below. Each version converts to the Apache License,
Version 2.0 on the Change Date for that version (its release date plus three
years).

## When You Need a Commercial License

The Additional Use Grant in the LICENSE permits production use of the software,
provided that you may not use the software for a "Hosted Service" -- a
commercial offering that allows third parties (other than your employees and
contractors) to access the functionality of the software as a hosted or managed
service. As clarified by the Affiliate Annexure, each entity in your group that
deploys and operates its own instance for its own internal purposes is inside the
internal group-use boundary; but one entity operating the software as a shared or
centralised service for other group entities is a Hosted Service and requires a
commercial license.

Production use that falls OUTSIDE the Additional Use Grant requires a commercial
license from HyperI. In particular, a commercial license is required if you want
to:

- **External Hosted Service**: Provide the software to customers or other
  persons outside your corporate group as a hosted or managed service (for
  example, SaaS, PaaS, or a managed offering) where the service gives those
  external parties access to a substantial set of the features or functionality
  of the software, including through an application, API, integration, workflow,
  wrapper, dashboard, or other service layer
- **Managed Service Provider Offering**: Operate the software as part of a
  managed service, platform service, outsourced operations service, or similar
  commercial offering for customers outside your corporate group
- **White-Label Hosted Offering**: Provide a hosted or managed service powered
  by the software under your own brand or a customer's brand to persons outside
  your corporate group
- **Intra-Group Hosted Service**: Operate the software as a shared or centralised
  hosted or managed service for other entities in your own corporate group (the
  shared-services / affiliate-hosting model), rather than each entity running its
  own instance for its own internal purposes

## When You Don't Need a Commercial License

You do not need a commercial license for uses that fall within the Business
Source License and its Additional Use Grant, including:

- **Internal Use**: Using the software within your own organisation for your
  own purposes
- **Internal Processing of Third-Party Data**: Processing or analysing data
  about, supplied by, or generated by customers, users, suppliers, or other
  third parties for your own internal business purposes, provided those external
  parties are not given access to the software's functionality as a hosted or
  managed service
- **Internal Group Use (independent instances)**: Using the software within your
  corporate group where each entity deploys and operates its own instance for its
  own internal business purposes, as described in the Affiliate Annexure (one
  entity hosting a shared or centralised service for the others is NOT covered
  here and requires a commercial license)
- **Self-Hosting**: Running the software on your own infrastructure for your
  own use
- **Non-Hosted Redistribution and Embedding**: Redistributing, embedding, or
  bundling the software with another product, provided that the use does not
  provide the software to external parties as a Hosted Service and you comply
  with the LICENSE
- **Copy, Modify, Redistribute Source**: Exercising the base grant (copy,
  modify, create derivative works, redistribute, and make non-production use)
- **Use of Converted Versions**: Using any version on or after its Change Date
  under the Apache License, Version 2.0, free of these commercial restrictions

## Corporate Groups and Affiliates

The detailed affiliate / corporate-group terms are set out in the separable
Affiliate Annexure (LICENSE-ANNEXURE-AFFILIATE.md). In summary:

### Multiple Entities Using Independently

If multiple entities in your corporate group each deploy and operate their own
instance of the software for their own internal purposes, each entity may do so
within the Additional Use Grant without a commercial license.

Example: Parent Co, Subsidiary A, and Subsidiary B each run their own separate
deployment for their own use. This is permitted.

### One Entity Hosting for Affiliates

If one entity in your corporate group operates the software and provides it as a
shared or centralised hosted or managed service to other entities in the group
(rather than each entity running its own instance), that is the provision of a
Hosted Service and requires a commercial license -- affiliate / group hosting
rights.

Example: Shared Services Co runs a centralised deployment and provides it as a
managed service to Parent Co, Subsidiary A, and Subsidiary B. This requires a
commercial license.

### External Parties

If you operate the software as a hosted or managed service for customers,
clients, end users, or other persons outside your corporate group, that use falls
outside the Additional Use Grant and requires a commercial license.

### What You Need

| Scenario | License Required |
|----------|-----------------|
| Single entity, internal use | BUSL-1.1 (no commercial license) |
| Multiple entities, each runs own instance | BUSL-1.1 for each (no commercial license) |
| One entity hosts for multiple group entities | Commercial license (ESLA) -- affiliate / group hosting rights |
| Shared services / centralised IT for group | Commercial license (ESLA) -- affiliate / group hosting rights |
| Hosted or managed service for external parties | Commercial license (ESLA) with hosted-service rights |

## How to Obtain a Commercial License

Production use outside the Additional Use Grant is available under a commercial
license -- HyperI's Enterprise Subscription Licence Agreement (ESLA). For
commercial licensing enquiries:

**Email**: sales@hyperi.io

**Licensor**: HYPERI PTY LIMITED (ABN 31 622 581 748)

We offer flexible licensing options including:

- Enterprise subscription licenses (ESLA)
- SaaS and hosting rights for external parties
- OEM and embedding arrangements where you want contractual support,
  indemnities, private terms, or rights beyond the public license
- Affiliate and group-wide commercial arrangements where you want contractual
  support or rights beyond the public license

## Other Instruments

This document explains the commercial path. It is not the License. The default
public license grant is maintained in:

- [LICENSE](LICENSE) -- Business Source License 1.1 and the Additional Use Grant
- [LICENSE-ANNEXURE-AFFILIATE.md](LICENSE-ANNEXURE-AFFILIATE.md) -- affiliate / group terms

The AI / machine-learning terms are maintained separately in
[AI-TRAINING-POLICY.md](AI-TRAINING-POLICY.md).

The Australian-law overlay is maintained separately in
[LICENSE-ANNEXURE-AUSTRALIA.md](LICENSE-ANNEXURE-AUSTRALIA.md) and applies only
to recipients to whom Australian law applies. It is not part of the default
public license grant.

## Future Open Source Conversion

Each version of this software automatically becomes available under the Apache
License, Version 2.0 on its Change Date -- the third anniversary of that
version's release date. This means older versions will eventually be fully open
source with no commercial restrictions. Release dates are recorded in the
GitHub release history.
