This Open Source Software Agreement is essential for organizations and developers in South Africa who wish to release their software under open source terms while ensuring compliance with local legislation. The agreement is designed to protect both the rights of the software creators and the freedoms typically associated with open source software. It incorporates specific provisions required by South African law, including compliance with the Copyright Act 98 of 1978, Consumer Protection Act 68 of 2008, and POPIA. The document is particularly relevant when software is being released publicly, when organizations are implementing open source policies, or when developers are contributing to open source projects. It includes comprehensive terms for software distribution, modification rights, warranty disclaimers, and liability limitations, all structured to be enforceable under South African law.
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1. Parties: Identification of the licensor and details of how licensees become bound by the agreement
2. Background: Context of the software, its purpose, and the intent to provide it under open source terms
3. Definitions: Key terms used throughout the agreement, including technical terms, 'Derivative Works', 'Source Code', and 'Distribution'
4. Grant of License: Scope of the license, including rights to use, modify, and distribute the software
5. Acceptance: Terms of acceptance of the license and how acceptance is demonstrated
6. Intellectual Property Rights: Statement of ownership, copyright notices, and trademark usage requirements
7. Distribution Rights and Obligations: Terms governing redistribution of the software and modified versions
8. Contributions: Rules for third-party contributions and attribution requirements
9. Warranties and Disclaimers: Limited or no warranty provisions, aligned with open source principles and South African law
10. Limitation of Liability: Limitations on liability for damages, subject to South African law requirements
11. Term and Termination: Duration of the license and conditions for termination
12. General Provisions: Standard legal provisions including governing law, jurisdiction, and severability
1. Data Protection: Required if the software processes personal information, ensuring POPIA compliance
2. Export Controls: Needed if the software is subject to export restrictions or international distribution
3. Patent Claims: Additional patent-related provisions if the software implements patented technologies
4. Geographic Restrictions: Specific terms for restricted territories or jurisdictions
5. Commercial Distribution: Additional terms for commercial redistribution scenarios
6. Government Users: Special provisions for government or public sector users
7. Third-Party Components: Required when the software incorporates third-party open source components
1. Schedule A - Software Description: Detailed description of the software, its components, and functionality
2. Schedule B - License Terms of Third-Party Components: List and terms of all third-party open source components included
3. Schedule C - Attribution Notices: Required attribution notices and copyright statements
4. Schedule D - Acceptable Use Policy: Guidelines for acceptable use and restrictions
5. Schedule E - Technical Requirements: Minimum technical requirements and compatibility information
6. Appendix 1 - Contribution Guidelines: Procedures and standards for contributing to the software
7. Appendix 2 - Modification and Distribution Requirements: Detailed requirements for modifying and distributing the software
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