The Dual Software License agreement serves as a flexible legal framework for software distribution in Pakistan, allowing software owners to offer their product under either commercial or open-source terms. This document is particularly useful for software companies and developers who want to maintain control over their intellectual property while simultaneously fostering open-source community engagement. The agreement comprehensively addresses Pakistani legal requirements, including compliance with the Copyright Ordinance, 1962, and the Electronic Transactions Ordinance, 2002. It provides detailed terms for license selection, usage rights, payment structures for commercial licensing, and conditions for open-source usage, while ensuring proper protection of intellectual property rights and maintaining clarity on obligations under both licensing options.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, description of the software, and purpose of dual licensing
3. Definitions: Detailed definitions of technical terms, licensing types, and key concepts used throughout the agreement
4. License Grant - Commercial: Terms and scope of the commercial license option, including usage rights and restrictions
5. License Grant - Open Source: Terms and scope of the open source license option, including applicable open source license terms
6. License Selection and Switching: Process and conditions for selecting and switching between license types
7. Intellectual Property Rights: Assertion and protection of IP rights, ownership declarations, and restrictions
8. Payment Terms: Commercial license fees, payment schedules, and financial obligations
9. Warranties and Representations: Warranties regarding software ownership, performance, and compliance with laws
10. Limitation of Liability: Limitations on liability and disclaimers under both license types
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, termination conditions, and post-termination obligations
13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
1. Support and Maintenance: Terms for technical support and maintenance services, used when offering additional support packages
2. Distribution Rights: Include when licensee is permitted to distribute the software to third parties
3. Audit Rights: Include for commercial licenses where usage monitoring is required
4. Source Code Escrow: Include when providing source code security through third-party escrow services
5. Export Control: Include when software may be subject to international export restrictions
6. Data Protection: Include when software processes personal or sensitive data
7. Third-Party Software: Include when software incorporates third-party components
8. Professional Services: Include when offering additional implementation or customization services
1. Schedule A - Software Description: Detailed technical specification of the software and its components
2. Schedule B - Commercial License Fees: Pricing structure and payment terms for commercial license
3. Schedule C - Open Source Components: List of open source components and their respective licenses
4. Schedule D - Support Level Agreement: Details of support services and response times
5. Schedule E - Acceptable Use Policy: Guidelines and restrictions for software usage
6. Appendix 1 - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix 2 - License Comparison Matrix: Side-by-side comparison of commercial and open source license terms
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Education
Financial Services
Healthcare
E-commerce
Telecommunications
Manufacturing
Government Services
Research and Development
Professional Services
Digital Media
Gaming Industry
Relevant Teams
Legal
Software Development
Product Management
Compliance
Procurement
Business Development
Intellectual Property
Contract Administration
Engineering
Executive Leadership
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Development Manager
Intellectual Property Attorney
Licensing Manager
Product Manager
Open Source Compliance Officer
Contract Administrator
Software Engineer
Business Development Manager
Chief Executive Officer
Chief Legal Officer
Technology Procurement Manager
Software Architect
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