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Restrictive Open Source License for the United States

Restrictive Open Source License Template for United States

A Restrictive Open Source License is a legal document used in the United States that governs the distribution and use of open source software while maintaining specific controls over its usage. This license type combines elements of open source sharing with additional restrictions to protect intellectual property rights, ensure proper attribution, and maintain control over derivative works. It complies with U.S. federal and state laws while providing a framework for controlled software distribution.

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Restrictive Open Source License

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What is a Restrictive Open Source License?

The Restrictive Open Source License serves as a crucial legal instrument for software developers and organizations who wish to share their code while maintaining certain controls over its use and distribution. This license type is particularly relevant in the United States where intellectual property protection is paramount. It provides a balanced approach between open source principles and proprietary interests, allowing for code sharing while implementing specific restrictions on usage, modification, and redistribution. The document addresses key aspects of U.S. copyright law, patent rights, and state-specific contract requirements.

What sections should be included in a Restrictive Open Source License?

1. Parties: Identifies the licensor and potential licensees of the software/content

2. Background: Describes the software/content being licensed and purpose of the license

3. Definitions: Defines key terms used throughout the license including 'Licensed Software', 'Derivative Works', 'Distribution', etc.

4. Grant of License: Specifies the scope and nature of rights being granted to licensees

5. Restrictions: Details specific limitations on use, modification, and distribution of the licensed material

6. Attribution Requirements: Specifies requirements for crediting original authors and maintaining copyright notices

7. Disclaimer of Warranty: Standard warranty disclaimers and limitations

8. Limitation of Liability: Defines the scope of liability limitations and exclusions

What sections are optional to include in a Restrictive Open Source License?

1. Patent Grant: Explicit grant of patent rights and related terms, used when software may be patent-protected

2. Trademark Usage: Rules governing the use of associated trademarks and brand identifiers

3. Export Controls: Compliance requirements for export regulations, particularly relevant for cryptographic software

What schedules should be included in a Restrictive Open Source License?

1. Schedule A - Licensed Software: Detailed description and specification of the licensed components

2. Schedule B - Third-Party Components: Comprehensive list of third-party dependencies and their respective licenses

3. Appendix A - Attribution Notices: Required attribution text and formatting specifications

4. Appendix B - Compatible Licenses: List of open source licenses deemed compatible with this license

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

License Agreement

Cost

Free to use
Clauses




















Industries

Copyright Law: Key legislation includes U.S. Copyright Act (17 U.S.C.), Digital Millennium Copyright Act (DMCA), and Copyright Term Extension Act. Essential for protecting the software code and related materials.

Patent Law: Includes U.S. Patent Act (35 U.S.C.), software patent considerations, and patent rights/license compatibility issues that may affect the open source software.

Trademark Law: Governed by the Lanham Act, covering trademark protection for project names and logos associated with the open source software.

Contract Law: Encompasses state-specific contract laws, Uniform Commercial Code (UCC), and requirements for contract formation and enforceability.

Export Control Regulations: Including Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) which may affect software distribution.

Antitrust Law: Covers Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act to ensure license terms don't create anti-competitive conditions.

Warranty Law: Includes Magnuson-Moss Warranty Act, state warranty laws, and requirements for warranty disclaimers in software licensing.

Data Privacy Laws: Encompasses state-specific privacy laws, federal privacy regulations, and GDPR compliance considerations if applicable.

Open Source Specific Considerations: Includes OSI compliance requirements, license compatibility with other open source licenses, and copyleft vs. permissive license considerations.

Industry-Specific Regulations: Covers sector-specific compliance requirements and industry standards that may affect the software's use in particular 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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