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I am developing a software for commercial release which is developed ahead on a sample code provided by MSDN

This is mentioned in the beginning

// THIS CODE AND INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF // ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO // THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A // PARTICULAR PURPOSE. // // Copyright (c) Microsoft Corporation. All rights reserved

The license by Microsoft states this:

MICROSOFT LIMITED PUBLIC LICENSE version 1.1 This license governs use of code marked as “sample” or “example” available on this web site without a license agreement, as provided under the section above titled “NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.” If you use such code (the “software”), you accept this license. If you do not accept the license, do not use the software.

  1. Definitions The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.
    A “contribution” is the original software, or any additions or changes to the software.
    A “contributor” is any person that distributes its contribution under this license.
    “Licensed patents” are a contributor’s patent claims that read directly on its contribution.

  2. Grant of Rights
    (A) Copyright Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
    (B) Patent Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

  3. Conditions and Limitations
    (A) No Trademark License- This license does not grant you rights to use any contributors’ name, logo, or trademarks.
    (B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
    (C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
    (D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
    (E) The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    (F) Platform Limitation - The licenses granted in sections 2(A) and 2(B) extend only to the software or derivative works that you create that run directly on a Microsoft Windows operating system product, Microsoft run-time technology (such as the .NET Framework or Silverlight), or Microsoft application platform (such as Microsoft Office or Microsoft Dynamics).

So am I allowed to use this code and publish my software or there is a possibility of legal actions against me for using Microsoft property?

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    By (3F), this limits use to Windows, so it emphatically is not open source (OSI asks for "no limitations of use"). – vonbrand Jan 8 '16 at 12:38
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    I think this is off-topic, as the MS-LPL is obviously not Open Source in intent or implementation because of 3F. – Mnementh Jan 8 '16 at 16:54
  • Very interesting (even if it may be off topic). It sounds like people using MS code examples on (for example) Mono would not be in violation? (Mono being a .NET framework run-time technology). So, not limited to "Windows", per se? Agree the license is not "Open Source", but it would be nice to know if there is a path towards Open Source. Maybe starting w/ restrictively licensed demo code (maybe even by accident), then excising it over time, then applying a fully Open Source GPL license? – michael Dec 3 '17 at 5:14
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What you're basically asking is "can I use Ms-LPL" in commercial software, and the answer is yes, but with the big caveat that you can only do this if your project runs on Windows.

Thanks to this exact question on SO:

  • Ms-LPL is based on Ms-PL which is basically a permissive, free/open license similar to MIT/X11 and BSD.
  • But there is a Windows-platform limitation:

    3 (F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.

  • Really much more: You are allowed to use the software freely (for your own use, to modify, redistribute at will), but only for use on Windows (3 F). Bletch. – vonbrand Jan 8 '16 at 12:37
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    @vonbrand So the application can be used exclusively by Windows? – Zizouz212 Jan 8 '16 at 12:40
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    @Zizouz212: Reading the version the asker provided it would also allow to use it on MS runtime tech (.net) or app platform (office). But basically yes. – Mnementh Jan 8 '16 at 16:59

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