3.3 Distribution commerciale de MySQL
This section is a clarification of the license terms that are set forth in the ``MySQL FREE PUBLIC LICENSE'' (FPL). J Licence MySQL pour les sytèmes d'exploitation non-Microsoft.
MySQL may be used freely, including by commercial entities for evaluation or unsupported internal use. However, distribution for commercial purposes of MySQL, or anything containing or derived from MySQL in whole or in part, requires a written commercial license from TcX AB, the sole entity authorized to grant such licenses.
You may not include MySQL ``free'' in a package containing anything for which a charge is being made, except as noted below.
The intent of the exception provided in the second clause of the license is to allow commercial organizations operating an FTP server or a bulletin board to distribute MySQL freely from it, provided that:
- The organization complies with the other provisions of the FPL, which include among other things a requirement to distribute the full source code of MySQL and of any derived work, and to distribute the FPL itself along with MySQL;
- The only charge for downloading MySQL is a charge based on the distribution service and not one based on the content of the information being retrieved (i.e., the charge would be the same for retrieving a random collection of bits of the same size);
- The server or BBS is accessible to the general public, i.e., the phone number or IP address is not kept secret, and anyone may obtain access to the information (possibly by paying a subscription or access fee that is not dependent on or related to purchasing anything else).
If you want to distribute software in a commercial context that incorporates MySQL and you do not want to meet these conditions, you should contact TcX AB to find out about commercial licensing, which involves a payment. The only ways you legally can distribute MySQL or anything containing MySQL are by distributing MySQL under the requirements of the FPL, or by getting a commercial license from TcX AB.
