I am using syntevo's SmartGit software for hobbyist projects, which falls under their non-commercial license so I can use the tool for free:
3.2.1 If a SOFTWARE Non-Commercial License is agreed-upon with the licensee, the licensor grants to licensee the non-exclusive, non-transferable and permanent right, which is limited according to the terms of clause 7 and terminated according to the terms of clause 18.104.22.168, to have the SOFTWARE used on a arbitrary number of single-user computers or on a central server or via terminal server clients, simultaneously by a arbitrary number of users, solely for non-commercial purposes. A purpose is considered non-commercial only if the SOFTWARE is exclusively used
- to actively work on open-source projects,
- for learning or teaching on a public academic institution,
- in the spare time to manage projects where you don't get financial compensation for (hobby usage),
- by public charitable organizations primarily targeting philanthropy, health research, education or social well-being.
Now one of my projects may grow beyond the scope of a hobbyist game, and I was wondering where exactly the threshold lies between commercial and non-commercial use.
Specifically, if I start development of the game with commercial use in mind, but I don't make any money (no kickstarter, no external funding through government grants, etc). I don't employ anyone yet and I am making everything on my own. I don't have a publisher or anything like it but I am starting to build a community. I have a regular day job unrelated to game design.
Somewhere on the scale "hobby usage" --> "hobby, but possible commercial intent" --> "fully commercial development" the usage rights switch from non-commercial license to commercial license.
Can anyone help me draw that line?