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Ask yourself how they will know if and how much you get paid. I'm not downloading their stuff just to find out, but it seems like a safe bet that the license a

by T-A 3y ago

Ask yourself how they will know if and how much you get paid. I'm not downloading their stuff just to find out, but it seems like a safe bet that the license agreement grants them the right to audit you, and requires you to provide any documentation (like bank and tax statements) they deem necessary to do so. In order to know whom to audit, they are probably scanning app stores and software sites for apps made with Delphi. Personally identifiable telemetry and/or developer IDs embedded in each executable also wouldn't surprise me.

kwanbix 3y ago
As far as I know, they trust that you would tell them as soon as you reach that level.
bruce511 3y ago
I confess I'm not a delphi user, but I've used licenses like this in other places. I would be really surprised if they have any of the items you hypothesise. (Maybe an actual delphi user can comment.) The short answer (I cases I have experienced) is that they don't need to do any of this. If you use it past that point you are in violation of the license. If you choose to do that (or, you know, just pirate it) then you run existential business risk. If you think saving a few $ when you have a business making cash, then take the risk. In other words, businesses making money will tend to spend money because it's a good idea, from a business point of view, to do that.
- T-A 3y ago
  > I would be really surprised if they have any of the items you hypothesise Turns out their "Software License and Support Agreement" is online. [1] Some relevant excerpts: Embarcadero will collect information about your use of the Community Edition for auditing purposes and improve our products and services. For more information about our collection, use and disclosure of personal data, please review Embarcadero's Privacy Statement at https://www.embarcadero.com/privacy-statement https://www.embarcadero.com/privacy-statement. Curiously, clicking the link above does not produce any privacy statement, it just redirects to a generic 'legal' page. [2] If Licensee is entering into this Agreement as an entity (e.g., as a corporation, a partnership, or other organization) or as an individual, Licensor may, at its expense, audit (electronic or otherwise) Licensee’s records and systems as they may relate to the use of Products, including, but not limited to, the number of copies of the Product in use by Licensee, the designated CPU(s) on which the Product is installed, the access of the Product including access to machine IDs, serial numbers and related information. As part of any such audit, Licensor or its authorized representative will have the additional right, on fifteen (15) days’ prior notice to Licensee, to inspect Licensee or the Named User’s records, systems and facilities, including machine IDs, serial numbers and related information, to verify that the installation, use of, and access to any and all Product is in conformance with this Agreement and its applicable terms. Additionally, within fifteen (15) days of such prior notice for audit, Licensee will provide Licensor all records and information requested by Licensor in order to verify that the installation, use and/or access of the Product is in conformance with this Agreement. Licensee and the Named User will provide full cooperation to enable any such audit. If Licensor determines that Licensee or the Named User’s installation, use of or access to the Product is not in conformity with this Agreement, Licensee will immediately take such steps as are necessary to bring Licensee and the Named Users’ installation, use and/or access into compliance with this Agreement, and pay the reasonable costs of the audit, in addition to any penalties, fees, or other remedies available to Licensor at law. Any such audit shall be conducted during regular business hours at Licensee’s facilities and shall not unreasonably interfere with Licensee’s business activities. If an audit reveals that Licensee has underpaid fees to Licensor, Licensee shall be invoiced for such underpaid fees (based on the list prices in effect at the time the audit is completed); and if the underpaid fees exceed 5% of the License fees already paid, then Licensee shall also pay Licensor the reasonable costs of conducting the audit. [1] https://www.embarcadero.com/products/rad-studio/rad-studio-eula https://www.embarcadero.com/products/rad-studio/rad-studio-e... [2] https://www.ideracorp.com/legal/embarcadero https://www.ideracorp.com/legal/embarcadero
rob74 3y ago
Hmmm, yeah, sounds like actually doing that would cost them much more than what they could possibly gain from it...
- T-A 3y ago
  Serously? Check out their license prices: https://www.embarcadero.com/app-development-tools-store/delphi https://www.embarcadero.com/app-development-tools-store/delp...

by T-A 3y ago

kwanbix 3y ago

As far as I know, they trust that you would tell them as soon as you reach that level.

bruce511 3y ago

I confess I'm not a delphi user, but I've used licenses like this in other places. I would be really surprised if they have any of the items you hypothesise. (Maybe an actual delphi user can comment.) The short answer (I cases I have experienced) is that they don't need to do any of this. If you use it past that point you are in violation of the license. If you choose to do that (or, you know, just pirate it) then you run existential business risk. If you think saving a few $ when you have a business making cash, then take the risk. In other words, businesses making money will tend to spend money because it's a good idea, from a business point of view, to do that.

T-A 3y ago
> I would be really surprised if they have any of the items you hypothesise Turns out their "Software License and Support Agreement" is online. [1] Some relevant excerpts: Embarcadero will collect information about your use of the Community Edition for auditing purposes and improve our products and services. For more information about our collection, use and disclosure of personal data, please review Embarcadero's Privacy Statement at https://www.embarcadero.com/privacy-statement https://www.embarcadero.com/privacy-statement. Curiously, clicking the link above does not produce any privacy statement, it just redirects to a generic 'legal' page. [2] If Licensee is entering into this Agreement as an entity (e.g., as a corporation, a partnership, or other organization) or as an individual, Licensor may, at its expense, audit (electronic or otherwise) Licensee’s records and systems as they may relate to the use of Products, including, but not limited to, the number of copies of the Product in use by Licensee, the designated CPU(s) on which the Product is installed, the access of the Product including access to machine IDs, serial numbers and related information. As part of any such audit, Licensor or its authorized representative will have the additional right, on fifteen (15) days’ prior notice to Licensee, to inspect Licensee or the Named User’s records, systems and facilities, including machine IDs, serial numbers and related information, to verify that the installation, use of, and access to any and all Product is in conformance with this Agreement and its applicable terms. Additionally, within fifteen (15) days of such prior notice for audit, Licensee will provide Licensor all records and information requested by Licensor in order to verify that the installation, use and/or access of the Product is in conformance with this Agreement. Licensee and the Named User will provide full cooperation to enable any such audit. If Licensor determines that Licensee or the Named User’s installation, use of or access to the Product is not in conformity with this Agreement, Licensee will immediately take such steps as are necessary to bring Licensee and the Named Users’ installation, use and/or access into compliance with this Agreement, and pay the reasonable costs of the audit, in addition to any penalties, fees, or other remedies available to Licensor at law. Any such audit shall be conducted during regular business hours at Licensee’s facilities and shall not unreasonably interfere with Licensee’s business activities. If an audit reveals that Licensee has underpaid fees to Licensor, Licensee shall be invoiced for such underpaid fees (based on the list prices in effect at the time the audit is completed); and if the underpaid fees exceed 5% of the License fees already paid, then Licensee shall also pay Licensor the reasonable costs of conducting the audit. [1] https://www.embarcadero.com/products/rad-studio/rad-studio-eula https://www.embarcadero.com/products/rad-studio/rad-studio-e... [2] https://www.ideracorp.com/legal/embarcadero https://www.ideracorp.com/legal/embarcadero

rob74 3y ago

Hmmm, yeah, sounds like actually doing that would cost them much more than what they could possibly gain from it...

T-A 3y ago
Serously? Check out their license prices: https://www.embarcadero.com/app-development-tools-store/delphi https://www.embarcadero.com/app-development-tools-store/delp...