ActiveState will consider an open-source project to be an “Eligible Open-Source Project” if ActiveState determines, in its absolute discretion that the project meets the following criteria:

• The open-source project should be freely available to the general public i.e. should be in a public repository and developed in public.
• The use of the Service by the open-source project must always be flagged “public” on the ActiveState Platform. No custom distributions, projects, and or content used or made by the open-source project on the ActiveState Platform can be flagged “Private”. “Private” use of the ActiveState Platform is only available for paid accounts.
• The open-source project must be comprised fully of components that are publicly available free-of-charge and are licensed under the approved open-source licenses listed on the Open-Source Initiative’s website, including those listed at Licenses. Excluding dependencies on Operating System, any components cannot have dependencies on closed sourced or commercially licensed components.
• The use of the Service by the participants of an open-source project is free as long as it is being used directly by and for the open-source project it was created for. Further, a participant of such open-source project can use and distribute the custom distribution generated by the Service, for any purpose as long as the open-source project continues to support it for that project. The participants must agree not to use the Service for free for other projects, including open-source projects that are not Eligible Open-Source Projects.
• If the Eligible Open-Source Project has a commercial version, the cost-free distribution(s) created using the Service pursuant to the ActiveState Open-Source Distribution License Agreement cannot be off