The Dual Software License agreement is essential for software providers who wish to maintain both commercial and open-source versions of their software while operating under Hong Kong jurisdiction. This agreement type is particularly valuable when a software provider wants to foster community engagement through open source while maintaining a revenue stream through commercial licensing. The document includes comprehensive terms for both license types, clearly delineating the rights, obligations, and restrictions for each licensing model. It addresses crucial elements such as intellectual property protection, usage terms, support levels, and compliance requirements under Hong Kong law. The agreement is structured to comply with Hong Kong's Contract Ordinance, Copyright Ordinance, and relevant technology laws while providing flexibility for different user types and use cases.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, description of the software, and explanation of the dual licensing model
3. Definitions: Definitions of key terms, including different user types, license types, and technical terminology
4. Grant of License: Detailed description of rights granted under each license type (commercial and open source)
5. License Conditions: Specific conditions and restrictions for each license type
6. License Fees: Fee structure for commercial license and confirmation of free use under open source license
7. Intellectual Property Rights: Assertion and protection of IP rights, including third-party components
8. Warranties and Representations: Warranties provided under each license type and warranty disclaimers
9. Support and Maintenance: Different levels of support provided under each license type
10. Term and Termination: Duration of licenses and circumstances for termination under each type
11. Liability and Indemnification: Limitations of liability and indemnification obligations for each license type
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Contributor License: Required if the open source license allows for community contributions
2. Service Level Agreement: Include for commercial licenses offering specific performance guarantees
3. Data Protection: Required if the software processes personal data
4. Export Control: Include if the software is subject to export control regulations
5. Source Code Escrow: Optional for commercial licenses requiring source code protection
6. White Labeling Rights: Include if commercial license allows rebranding
7. Audit Rights: Include for commercial licenses requiring usage monitoring
8. Change Control: Include if offering custom modifications under commercial license
1. Schedule 1: Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2: Commercial License Terms: Specific terms, conditions, and pricing for commercial license
3. Schedule 3: Open Source License Terms: Full text of the open source license (e.g., GPL, MIT)
4. Schedule 4: Support Service Levels: Details of support and maintenance services for each license type
5. Schedule 5: Acceptable Use Policy: Guidelines and restrictions for software usage
6. Appendix A: Technical Requirements: Minimum system requirements and dependencies
7. Appendix B: Fee Schedule: Detailed pricing structure for commercial licenses
8. Appendix C: Third-Party Components: List of third-party software components and their licenses
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