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Open Source License Agreement Template for New Zealand

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Key Requirements PROMPT example:

Open Source License Agreement

"I need an Open Source License Agreement under New Zealand law for a machine learning software library that will be publicly released in March 2025, with specific provisions for commercial use and contributor guidelines."

Document background
This Open Source License Agreement is designed for use in New Zealand legal contexts where organizations or individuals wish to make their software freely available while maintaining certain controls and protections. It provides a legal framework that balances the principles of open source software with the requirements of New Zealand law, particularly the Copyright Act 1994 and Contract and Commercial Law Act 2017. The agreement is suitable for both commercial and non-commercial software releases, covering essential aspects such as license grants, usage rights, modification permissions, distribution terms, warranty disclaimers, and liability limitations. It incorporates specific provisions required under New Zealand law while maintaining compatibility with international open source principles and practices.
Suggested Sections

1. Parties: Identification of the licensor (copyright holder) and definition of licensees (users of the software)

2. Background: Context of the agreement, nature of the software, and open source principles being applied

3. Definitions: Key terms used throughout the agreement, including 'Software', 'Derivative Works', 'Contribution', and 'Distribution'

4. Grant of License: Scope of rights granted, including use, modification, and distribution rights

5. Restrictions: Limitations on the license grant and conditions for use and distribution

6. Distribution Obligations: Requirements for redistributing the software, including source code availability and license terms preservation

7. Copyright Notices: Requirements for maintaining copyright and attribution notices

8. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranties

9. Limitation of Liability: Limitations on licensor's liability for damages

10. Term and Termination: Duration of the license and conditions for termination

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Patent Grant: Express patent license grant and patent peace provisions, used when patent rights need to be explicitly addressed

2. Contribution Process: Rules for accepting contributions from the community, used when the project accepts external contributions

3. Trademark Usage: Guidelines for using associated trademarks, used when the software has associated branded elements

4. Export Controls: Compliance with export regulations, used when the software may be subject to export restrictions

5. Data Privacy Compliance: Obligations regarding personal data handling, used when the software processes personal information

6. Commercial Distribution: Additional terms for commercial distribution, used when allowing commercial use with specific conditions

7. Compatibility Clause: Provisions ensuring compatibility with other open source licenses, used when interaction with other open source software is expected

Suggested Schedules

1. Schedule 1: Software Description: Detailed description of the software, including components and version information

2. Schedule 2: Third-Party Components: List of third-party software components and their respective licenses

3. Schedule 3: Attribution Notices: Required attribution notices and acknowledgments for included components

4. Appendix A: Acceptable License Terms: List of compatible open source licenses for included components or derivatives

5. Appendix B: Contribution Agreement Template: Standard form for contributor agreements, if contributions are accepted

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Technology

Software Development

Information Technology

Research & Development

Education

Healthcare Technology

Financial Technology

Telecommunications

Digital Media

E-commerce

Manufacturing

Professional Services

Relevant Teams

Legal

Software Development

Compliance

Research and Development

Product Development

Information Technology

Intellectual Property

Risk Management

Engineering

Innovation

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Development Team Lead

Open Source Program Manager

Compliance Officer

Software Architect

Product Manager

Innovation Director

Research Engineer

Technical Director

Legal Operations Manager

IP Rights Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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