This Open Source EULA template is designed for software developers and organizations in Australia who wish to distribute their software under open source principles while maintaining appropriate legal protections. The document incorporates essential elements of Australian law, including the Competition and Consumer Act 2010, Copyright Act 1968, and Privacy Act 1988, while adhering to international open source licensing standards. It provides a framework for software distribution that protects intellectual property rights, limits liability, and ensures compliance with Australian consumer protection requirements. This template is particularly useful for projects that need to balance open source accessibility with commercial interests and legal compliance in the Australian jurisdiction.
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1. Parties: Identifies the licensor (software provider) and licensee (end user)
2. Background: Explains the purpose of the agreement and the open source nature of the software
3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'License', 'Derivative Works', etc.
4. Grant of License: Specifies the rights granted under the open source license, including use, modification, and distribution rights
5. Acceptance of Terms: Explains how users indicate acceptance of the license terms
6. Permitted Uses and Restrictions: Details what users can and cannot do with the software
7. Intellectual Property Rights: Clarifies ownership of the original code and derivative works
8. Distribution Terms: Specifies conditions for redistributing the software
9. Disclaimer of Warranties: States that the software is provided 'as is' without warranties
10. Limitation of Liability: Limits the licensor's liability for damages
11. Termination: Describes when and how the license may be terminated
12. Governing Law: Specifies that Australian law governs the agreement
1. Commercial Use: Additional terms for commercial users, included when the license allows commercial use
2. Patent Claims: Addresses patent rights and claims, included when relevant to the software
3. Export Controls: Include when the software may be subject to export regulations
4. Data Collection and Privacy: Include when the software collects or processes user data
5. Third-Party Components: Include when the software incorporates third-party open source components
6. Support and Updates: Include when offering optional support services or update policies
7. Contributor License: Include when accepting community contributions to the software
1. Schedule 1 - Software Description: Detailed description of the software, including version number and components
2. Schedule 2 - Open Source Components: List of third-party open source components and their respective licenses
3. Schedule 3 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
4. Appendix A - Installation Instructions: Technical instructions for software installation and basic usage
5. Appendix B - Privacy Policy: Detailed privacy policy if the software collects user data
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