This Open Source License Agreement is designed for use when organizations or individuals in India wish to release their software under open source terms. The document is structured to comply with Indian intellectual property laws while following established open source licensing principles. It's particularly relevant when software developers want to make their code freely available for use, modification, and distribution while maintaining certain controls and protections. The agreement includes essential provisions for copyright protection, liability limitations, and usage terms, specifically tailored to meet Indian legal requirements while facilitating global software distribution. It's suitable for both commercial and non-commercial software releases and includes necessary safeguards for both licensors and licensees.
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1. Parties: Identification of the licensor (copyright holder) and the scope of potential licensees
2. Background: Context of the software, its purpose, and the intent to make it available under open source terms
3. Definitions: Key terms used in the agreement including 'Software', 'Source Code', 'Derivative Works', 'Contributor', etc.
4. Grant of License: Core license terms and scope of rights granted to users
5. License Conditions: Conditions under which the license is granted, including attribution requirements
6. Redistribution Rights: Terms governing the redistribution of the original or modified software
7. Intellectual Property Rights: Statement of ownership and intellectual property rights retention
8. Disclaimer of Warranty: Standard warranty disclaimers and limitations of liability
9. Termination: Circumstances under which the license may be terminated and consequences
10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Patent Rights: Explicit patent license grants and non-assertion commitments, used when the software may involve patented technologies
2. Contribution Guidelines: Rules for accepting contributions from the community, used when expecting external contributions
3. Commercial Use Provisions: Additional terms for commercial usage, used in dual-licensing scenarios
4. Export Control: Compliance requirements for international distribution, used when software has encryption or security features
5. Data Privacy Compliance: Terms related to data handling and privacy, used when software processes personal data
6. Trademark Usage: Guidelines for using associated trademarks, used when the software includes branded elements
1. Schedule A - Software Description: Detailed description of the software, including version number and components
2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses
3. Schedule C - Attribution Notices: Required attribution and copyright notices
4. Appendix 1 - Technical Requirements: Minimum technical requirements and dependencies
5. Appendix 2 - Acceptable Use Policy: Guidelines for acceptable use and restrictions
6. Appendix 3 - Modification Guidelines: Technical guidelines for making modifications to the software
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Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology
Education
Research & Development
Healthcare Technology
Financial Technology
E-commerce
Telecommunications
Manufacturing
Digital Media
Relevant Teams
Legal
Software Development
Open Source Program Office
Intellectual Property
Compliance
Research and Development
Product Development
Information Technology
Engineering
Risk Management
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Attorney
Chief Technology Officer
Open Source Program Manager
Software Architect
Development Team Lead
Compliance Officer
Product Manager
Technical Director
General Counsel
IP Rights Manager
Software License Administrator
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