The Dual Software License agreement is essential for software providers who wish to maintain both commercial and open-source distribution channels for their software products. This document type, governed by Irish law, enables organizations to benefit from open-source community engagement while securing commercial revenue streams. It is particularly useful when companies need to offer different terms of use, support levels, and warranties based on the chosen license type. The agreement incorporates necessary provisions to comply with Irish and European Union regulations, including data protection requirements, consumer protection laws, and intellectual property rights. The document carefully balances the interests of commercial users requiring extended rights and support with those of open-source users, while ensuring clear delineation between the two licensing models.
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1. Parties: Identification of the licensor and licensee, including full legal names and registered addresses
2. Background: Context of the agreement, description of the software, and purpose of dual licensing
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Core section detailing the two types of licenses offered and their basic terms
5. License Options: Detailed explanation of each license type (typically commercial and open source) and their specific terms
6. License Fees and Payment: Financial terms for the commercial license option
7. Intellectual Property Rights: Declaration and protection of IP rights, including ownership of modifications and derivatives
8. Usage Restrictions: Limitations and prohibited uses under each license type
9. Distribution Rights: Terms governing redistribution under each license type
10. Warranties and Representations: Warranties provided or disclaimed under each license type
11. Support and Maintenance: Terms of technical support and software updates under each license
12. Term and Termination: Duration of the agreement and conditions for termination under each license type
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Required if the software processes personal data, detailing GDPR compliance obligations
2. Third-Party Components: Required if the software includes third-party libraries or components, detailing their licenses
3. Export Control: Required if the software is subject to export regulations
4. Service Level Agreement: Optional for commercial licenses that include uptime or performance guarantees
5. Contributor License: Required if the software accepts third-party contributions
6. Academic Use: Optional section for special terms applying to academic or research use
7. High-Risk Activities: Required if the software needs to be restricted from use in high-risk or critical systems
8. Audit Rights: Optional for commercial licenses requiring compliance verification
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - Commercial License Terms: Specific terms, conditions, and restrictions for the commercial license
3. Schedule C - Open Source License Terms: Full text of the open source license option (e.g., GPL, MIT)
4. Schedule D - Price List: Commercial license pricing tiers and payment terms
5. Schedule E - Support Services: Details of support and maintenance services provided
6. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
7. Appendix 2 - Technical Requirements: Minimum system requirements and dependencies
8. Appendix 3 - Data Processing Terms: GDPR-compliant data processing terms if applicable
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