This Restrictive Open Source License is designed for use in the Australian legal context where software creators wish to make their code available for open source use while maintaining significant control over its implementation and distribution. The document is particularly suitable for commercial software providers who want to benefit from community involvement while protecting their intellectual property interests. It includes specific provisions compliant with Australian copyright law, consumer protection legislation, and contract law principles. The license contains detailed terms regarding modification rights, distribution requirements, and commercial use restrictions, making it ideal for software projects that require a balance between openness and control. This type of license is commonly used for commercial software products, enterprise solutions, and specialized technical applications where the creator wants to maintain quality control and commercial advantages while still benefiting from open source development practices.
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1. Parties: Identification of the Licensor (copyright holder) and definition of potential Licensees
2. Background: Context of the software, its purpose, and the intent of the license
3. Definitions: Defined terms including Software, Derivative Works, Source Code, Object Code, Contributor, etc.
4. Grant of License: Scope of rights granted to licensees, including usage, modification, and distribution rights
5. Restrictions: Specific limitations on use, modification, and distribution of the software
6. Distribution Requirements: Conditions and obligations when redistributing the software
7. Attribution and Notice Requirements: Requirements for maintaining copyright notices and attributions
8. Disclaimer of Warranty: Disclaimers of warranties and limitations of liability
9. Termination: Conditions under which the license may be terminated and consequences of termination
10. Governing Law: Specification of Australian law as governing law and jurisdiction
1. Patent Rights: Explicit handling of patent rights and patent litigation termination, used when the software may involve patentable elements
2. Contributor Provisions: Rules and obligations for contributors to the software, used in projects accepting external contributions
3. Commercial Use Restrictions: Additional restrictions or requirements for commercial use of the software, used when differentiating between commercial and non-commercial use
4. Network Use Provisions: Specific terms for network or cloud deployment, used when the software may be provided as a service
5. Geographic Restrictions: Specific restrictions for certain geographic regions, used when compliance with regional laws is required
6. Export Control: Export control compliance requirements, used when software may be subject to export regulations
7. Data Privacy Compliance: Specific terms regarding data privacy and protection, used when software processes personal data
1. Schedule A - Software Description: Detailed description of the software, including components and versions covered by the license
2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses
3. Schedule C - Required Notices: Specific copyright and attribution notices that must be included in all copies
4. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix 2 - Modification Guidelines: Technical guidelines for making and distributing modifications
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