This Restrictive Open Source License is designed for organizations and individuals who wish to make their software available for public use while maintaining stricter control over its distribution and modification compared to traditional open source licenses. The document is particularly relevant in the Indian legal context, incorporating requirements from the Indian Copyright Act, 1957, Information Technology Act, 2000, and Indian Contract Act, 1872. It should be used when the software owner wants to promote collaboration and innovation while protecting their intellectual property interests through specific restrictions on usage, modification, or commercial exploitation. The license includes detailed terms for attribution, modification rights, distribution conditions, and compliance requirements, making it suitable for both domestic and international software distribution while ensuring enforceability under Indian law.
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1. Parties: Identifies the licensor and defines the categories of potential licensees
2. Background: Explains the context of the software, its purpose, and the intent of the license
3. Definitions: Defines key terms used throughout the license, including 'Software', 'Derivative Works', 'Commercial Use', etc.
4. Grant of License: Specifies the rights granted to licensees, including usage, modification, and distribution rights
5. Restrictions: Details specific restrictions on use, modification, and distribution of the software
6. Copyright Notice: Requirements for maintaining copyright notices and attributions
7. Distribution Terms: Conditions for redistributing the software and derivative works
8. Termination: Circumstances under which the license may be terminated and consequences
9. Warranty Disclaimer: Disclaims warranties as permitted under Indian law
10. Limitation of Liability: Limits licensor's liability within bounds of Indian law
11. Governing Law: Specifies Indian law as governing law and jurisdiction
1. Commercial Use Terms: Additional terms and conditions for commercial use of the software
2. Patent Claims: Handling of patent rights and claims related to the software
3. Export Control: Compliance requirements for international distribution
4. Data Privacy Compliance: Terms relating to data protection and privacy regulations
5. Contributor Terms: Rules and terms for third-party contributions to the software
6. Industry-Specific Provisions: Special terms for specific industries (e.g., healthcare, finance)
7. Network Use Provisions: Special terms for network or cloud-based usage of the software
1. Schedule A - Software Description: Detailed description of the software, including version number and components
2. Schedule B - Technical Requirements: Technical specifications and system requirements
3. Schedule C - Third-Party Components: List of third-party software components and their respective licenses
4. Schedule D - Approved Forms of Attribution: Required formats for copyright and attribution notices
5. Appendix 1 - Usage Guidelines: Detailed guidelines for permitted and restricted uses
6. Appendix 2 - Modification Requirements: Technical requirements and procedures for making modifications
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Financial Services
Healthcare Technology
Education Technology
Manufacturing
Research and Development
Defense Technology
E-commerce
Digital Media
Artificial Intelligence and Machine Learning
Relevant Teams
Legal
Software Development
Product Development
Compliance
Risk Management
Research and Development
Documentation
Open Source Program Office
Intellectual Property
Technical Architecture
Innovation
Relevant Roles
Chief Technology Officer
Software Development Manager
Legal Counsel
Intellectual Property Attorney
Software Engineer
Open Source Compliance Officer
Product Manager
Technology Risk Manager
Software Architect
Research Director
Innovation Manager
Licensing Manager
Technical Documentation Specialist
Development Team Lead
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