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LICENSE_FAQ.md

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WebPageTest by Catchpoint Licensing FAQ

Executive Summary

The WebPageTest code is free to use under the Polyform Shield license, a source-available license. As long as you are not creating a product or service that competes with Catchpoint’s offerings then you are free to do whatever you like with the WebPageTest code, including using it for your own internal use or creating non-competing commercial products from it. In fact, we encourage using the WebPageTest code to build your own value-added applications.

What is the Polyform Shield License?

More information about Polyform licenses, including the Shield License, can be found here: https://polyformproject.org, and the Shield License is here: https://polyformproject.org/licenses/shield/1.0.0/.

We chose the Polyform Shield license because it provides a standard community-accepted license that provides the necessary protections for a commercial product while keeping the code as open as possible.

A prior version of the WebPageTest code was released under the BSD and Apache 2.0 licenses. A branch of the code under that license is available here for anyone in the community who wants to continue to use the code under that license or contribute to its maintenance.

What does this mean for my access and usage of the source code?

You can access the WebPageTest source code, and download, modify, or redistribute it with one limitation: you can’t use the WebPageTest source code to make a product that competes with Catchpoint. We’ve excerpted the relevant license language here:

“Any purpose is a permitted purpose, except for providing any product that competes with the software or any product the licensor or any of its affiliates provides using the software.”

For clarity, “permitted purposes” exclude providing any software-as a-service, platform-as-a-service, infrastructure-as-a-service or other similar online service that competes with Catchpoint products or services.

We expect that almost all users of the WebPageTest will have no trouble abiding by this license. We hope this explanation is helpful, but the legal requirements are in the actual language of the license, not this FAQ.

While our prior open source version is still available, we may no longer be maintaining this version.

If you are interested in a license of WebPageTest software on commercial licensing terms, please contact us at [email protected], and we would be happy to answer any questions and help you set up an enterprise relationship.

Can I embed WebPageTest source code licensed under the Polyform Shield License in a software I distribute?

Yes, you are still able to do so, as long as that product does not compete with Catchpoint products and services.

Can I embed Polyform Shield source code in a new SaaS offering?

Yes, but only as long as your SaaS offering does not compete with Catchpoint products and services.

Can I modify some of the WebPageTest source code licensed under the Polyform Shield License?

Yes, as long as your use case is covered by the “permitted purpose” defined in the license.

Under the terms of the Polyform Shield License, can I create a competing product but give it away for free?

No; whether a fee is charged or not does change whether your product competes. A free-of-charge product that competes with Catchpoint products or services is still prohibited.

Is the Polyform Shield License open source?

They are not exactly the same. The Polyform Shield License permits many of the same actions that “true” open source licenses do, such as downloading, modifying, and distributing the source code, but it does not permit the use case of creating a product “that competes with the software or any product the licensor or any of its affiliates provides,” as described above. The Polyform Shield License is technically source available, rather than open source, and we will refer to it as “source available.” The phrase “open source,” used strictly, refers to licenses adhering to a specific set of criteria published by the Open Source Initiative.

When will the Polyform Shield License be effective?

It will apply to WebPageTest software released as of November 1, 2020, and later releases. Previous releases and any bug fixes to such releases will remain under the BSD and Apache 2.0 licenses.

Does the Polyform Shield License impose a general prohibition against competing with Catchpoint?

Yes, in the sense that you cannot use our software to compete with any of our products or services; see the definition of “permitted purpose” above.

I’m confused about what use cases are competitive. What if future Catchpoint products compete with mine?

Competitive products are evaluated relative to the Catchpoint offerings at the time your product is created. If you create a product that does not compete with current Catchpoint offerings, then you can continue to use the WebPageTest software even if a future Catchpoint offering does compete. Please see the license for the exact limitations.

Can I still use older versions of the WebPageTest software?

Yes; the new license terms don’t alter your ability to use older versions of the WebPageTest software under their open source license.

My company doesn’t permit employees to use code with a non-commercial restriction. Can I still use WebPageTest under the new Polyform Shield license?

The only commercial restriction imposed is set out in the “permitted purposes” described above: a product that competes with Catchpoint. This is a much narrower restriction than a “non-commercial” restriction. If you want to use the software and are having trouble getting it approved by your company, contact us at [email protected], and we may be able to help.

Is the Polyform Shield License a EULA?

No, a “EULA” is an end user license agreement, and is almost always used for binary software only. The Polyform Shield License gives you other rights in addition to use, such as modification and distribution, in addition to use, subject only to the “permitted purposes” clause set out above.

Why did Catchpoint make this change?

This lets us invest heavily in code that we distribute for free, while sustaining a healthy business that funds this investment.

This change is similar to and made for similar reasons as other companies that have gone through similar licensing adjustments. We still believe in the WebPageTest project and its availability as a resource for the community.