Clarification needed for the "No Compensation" clause in the publisher agreement

[AlexanderKurakin]

Hey folks!

I’d like to ask for clarification on a specific clause in the Publisher Agreement:

SECTION 3
e. No Compensation. You expressly acknowledge that neither Eclipse nor any licensee or end-user of any of your Offerings published on the Registry shall be required to provide you with any compensation for the distribution or use of your Offering as made available on the Registry.

Our legal team raised a concern regarding the interpretation of this clause, as it appears quite broad. Specifically:

• Does this clause imply that publishers are not allowed to charge for a license to activate their extension after it has been installed via a VS Code-based editor?
• Or is the intent solely to ensure that extensions downloaded from the Open VSX marketplace itself must be free of charge?

We want to make sure our understanding is correct, especially in cases where monetization occurs externally (e.g., licensing, subscriptions, or activation flows post-installation).

Thanks in advance for your guidance!

Alexander Kurakin
JetBrains

[tfroment]

Hi @AlexanderKurakin, sorry for the delay. We need more time to answer your request, I keep track of your question and will keep you posted