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Open Source License Agreement Template for Australia

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Key Requirements PROMPT example:

Open Source License Agreement

"I need an Open Source License Agreement for a machine learning software library that we're planning to release in March 2025, with specific provisions for commercial use and protection of our AI model training methodologies while allowing community contributions."

Document background
The Open Source License Agreement is essential for organizations and developers releasing software under open source principles in Australia. It provides the legal framework for sharing and collaborating on software projects while protecting the rights of both creators and users. This document addresses key aspects of Australian intellectual property law, consumer protection requirements, and contract law, while maintaining alignment with international open source practices. The agreement includes specific provisions for copyright protection, patent rights (where applicable), warranty disclaimers that comply with Australian Consumer Law, and contribution terms that facilitate community participation. It's particularly important for software projects that need to balance open collaboration with legal compliance in the Australian jurisdiction.
Suggested Sections

1. Parties: Identifies the licensor and states that any party accepting the license terms becomes a licensee

2. Background: Explains the context of the agreement, nature of the software, and open source principles being applied

3. Definitions: Defines key terms used throughout the agreement including 'Software', 'Contribution', 'Derivative Works', and 'Distribution'

4. License Grant: Specifies the rights granted to use, modify, and distribute the software, including sublicensing rights

5. Restrictions: Outlines limitations on the license and conditions that must be met when using or distributing the software

6. Distribution Obligations: Details requirements for distributing the software, including preservation of notices and attribution requirements

7. Intellectual Property: Confirms ownership of the original work and treatment of modifications

8. Contributions: Establishes terms for accepting and managing contributions from the community

9. Disclaimers and Warranties: States warranty disclaimers and limitations, particularly important under Australian Consumer Law

10. Limitation of Liability: Limits the licensor's liability to the extent permitted by law

11. Term and Termination: Specifies duration of the license and conditions for termination

12. General Provisions: Contains standard legal provisions including governing law, jurisdiction, and entire agreement clauses

Optional Sections

1. Patent License: Include when explicit patent rights need to be granted alongside copyright license

2. Trademark Usage: Include when the software includes specific trademarks that need usage guidelines

3. Export Controls: Include when the software may be subject to export regulations

4. Data Protection: Include when the software processes personal data or requires privacy compliance

5. Commercial Distribution: Include when allowing for commercial distribution with specific terms

6. Government Users: Include when the software may be used by government entities with special requirements

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, including components and version information

2. Schedule 2 - Approved Licenses: List of compatible open source licenses for components and dependencies

3. Schedule 3 - Attribution Notices: Required attribution and copyright notices for included components

4. Appendix A - Contribution Guidelines: Detailed procedures and requirements for submitting contributions

5. Appendix B - Modified Files: Template for recording modifications made to the original software

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Technology

Software Development

Financial Services

Healthcare

Education

Government

Telecommunications

Manufacturing

Research & Development

Media & Entertainment

Retail

Professional Services

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Product Development

Risk Management

Intellectual Property

Innovation

Research & Development

Corporate Strategy

Relevant Roles

Software Developer

Legal Counsel

Chief Technology Officer

Intellectual Property Lawyer

Software Architect

Product Manager

Compliance Officer

Open Source Program Manager

Development Team Lead

Risk Manager

Chief Information Officer

Innovation Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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