This Open Source Software Agreement is designed for use in situations where organizations or individuals wish to make their software freely available for use, modification, and distribution while maintaining certain rights and protections under Hong Kong law. The document becomes relevant when releasing software under an open source model, whether for commercial or non-commercial purposes. It includes essential provisions covering intellectual property rights, liability limitations, and usage terms, all structured to comply with Hong Kong's legal framework while adhering to international open source principles. The agreement is particularly important for projects seeking to build a developer community, promote transparency, or leverage collaborative development while ensuring legal compliance in Hong Kong's jurisdiction.
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1. Parties: Identification of the licensor and initial description of potential licensees
2. Background: Context of the software, its purpose, and the intention to make it available as open source
3. Definitions: Key terms including Software, Contributions, Derivative Works, License, etc.
4. Grant of License: Scope of the license grant, including rights to use, modify, and distribute the software
5. License Conditions: Conditions under which the license is granted, including attribution requirements and copyleft provisions
6. Intellectual Property Rights: Statement of ownership and rights retention by the licensor
7. Redistribution Terms: Terms governing how the software may be redistributed
8. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranties
9. Limitation of Liability: Limitations on licensor's liability under Hong Kong law
10. Termination: Circumstances under which the license may terminate and consequences of termination
1. Contributor Terms: Terms governing third-party contributions to the software - include when expecting community contributions
2. Patent License: Explicit patent license grants and terms - include when patent rights are relevant
3. Trademarks: Terms governing use of associated trademarks - include when there are relevant trademarks
4. Export Control: Compliance with export regulations - include for software with international distribution
5. Data Privacy Compliance: Terms regarding personal data handling - include if software processes personal data
6. Commercial Use Restrictions: Any specific terms for commercial use - include if differentiating between commercial and non-commercial use
7. Geographical Restrictions: Any territorial limitations - include if license terms vary by jurisdiction
1. Schedule 1 - Software Description: Detailed description of the software, including components and functionality
2. Schedule 2 - License Terms Summary: Summary of key license terms in plain language
3. Schedule 3 - Third-Party Components: List of third-party software components and their respective licenses
4. Schedule 4 - Documentation License: Terms for the use and distribution of associated documentation
5. Appendix A - Installation and Usage Guidelines: Technical guidelines for software installation and usage
6. Appendix B - Contribution Guidelines: Procedures and standards for contributing to the software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare Technology
E-commerce
Educational Technology
Research and Development
Telecommunications
Manufacturing
Digital Media
Professional Services
Biotechnology
Relevant Teams
Legal
Software Development
Information Technology
Compliance
Risk Management
Product Development
Documentation
Research & Development
Intellectual Property
Technical Operations
Relevant Roles
Chief Technology Officer
Software Developer
Legal Counsel
Intellectual Property Lawyer
Development Team Lead
Product Manager
Compliance Officer
Open Source Program Manager
Software Architect
IT Director
Risk Manager
Technical Documentation Specialist
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