This Open Software License is designed for organizations and individuals seeking to release their software under an open source model while maintaining compliance with Dutch legal requirements. The document becomes relevant when an entity wants to make their software freely available for use, modification, and distribution while protecting both the original creators' rights and subsequent users' interests. It incorporates essential elements of Dutch intellectual property law, EU software directives, and international open source principles, making it suitable for both domestic and international use. The license addresses modern software development practices, including collaborative development, commercial use considerations, and cloud deployment scenarios, while maintaining alignment with Dutch legal frameworks and European Union regulations. It's particularly valuable for projects that need to balance open source principles with legal certainty in the Dutch jurisdiction.
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1. Parties: Identification of the licensor (copyright holder) and specification of potential licensees
2. Background: Context of the software, its purpose, and the intent to make it available as open source
3. Definitions: Key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', 'Contribution', etc.
4. Grant of License: Scope of rights granted, including use, modification, and distribution rights
5. Conditions of Use: Requirements that licensees must meet when using, modifying, or distributing the software
6. Copyright Notice: Requirements for maintaining copyright notices and attributions
7. Distribution Terms: Terms governing the redistribution of the original or modified software
8. Warranties and Disclaimers: Disclaimer of warranties and limitations of liability under Dutch law
9. Termination: Conditions under which the license may be terminated and consequences of termination
10. Governing Law: Specification of Dutch law as governing law and jurisdiction
1. Patent Grant: Additional section for licenses that include explicit patent rights grants
2. Contribution Agreement: Terms governing how third-party contributions to the software are handled
3. Commercial Use Provisions: Additional terms for commercial use when dual licensing is implemented
4. Network Use Provisions: Specific terms for software used over a network (similar to AGPL provisions)
5. Export Control: Compliance requirements for international distribution
6. Privacy and Data Protection: GDPR and privacy-related provisions for software handling personal data
7. Third Party Components: Provisions regarding third-party software components and their licenses
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 - Usage Guidelines: Technical guidelines for proper software usage and modification
4. Appendix 1 - Attribution Notices: Required attribution notices and copyright statements
5. Appendix 2 - Compatible Licenses: List of open source licenses compatible with this license
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare Technology
Educational Technology
E-commerce
Telecommunications
Research and Development
Manufacturing
Open Source Community
Relevant Teams
Legal
Software Development
Compliance
Information Technology
Research & Development
Product Development
Innovation
Intellectual Property
Open Source Office
Corporate Development
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Attorney
Chief Technology Officer
Open Source Program Manager
Software Architect
Compliance Officer
Technology Director
Development Team Lead
Product Manager
Innovation Manager
General Counsel
IP Rights Manager
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