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Common Development And Distribution License

Common Development And Distribution License Template for Hong Kong

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Key Requirements PROMPT example:

Common Development And Distribution License

"I need a Common Development and Distribution License for my AI-powered financial analytics software that will be released as open source in March 2025, with specific provisions for commercial use and cloud deployment while ensuring compliance with Hong Kong financial regulations."

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Document background
The Common Development and Distribution License (CDDL) is designed for organizations and individuals seeking to release their software under an open-source license while operating within Hong Kong's legal framework. This license type is particularly useful when the software is expected to be collaboratively developed and widely distributed, potentially involving both commercial and non-commercial uses. The CDDL provides a balanced approach between protecting the original contributors' rights and enabling open collaboration, while incorporating specific provisions required under Hong Kong law. It includes comprehensive terms for source code sharing, modification rights, patent provisions, and distribution requirements, making it suitable for projects ranging from small open-source initiatives to large-scale software developments. The license addresses key aspects of Hong Kong's intellectual property regime, data protection requirements, and contract law principles.
Suggested Sections

1. Parties: Identifies the licensor and initial licensee parties to the agreement

2. Background: Explains the context of the license, including the software being licensed and its open source nature

3. Definitions: Defines key terms used throughout the license, including 'Contributor', 'Original Software', 'Modifications', 'Source Code', etc.

4. Grant of License: Specifies the rights granted under the license, including rights to use, modify, and distribute the software

5. Requirements and Limitations: Outlines the conditions licensees must follow when using, modifying, or distributing the software

6. Contributor Versions: Defines terms for modifications and contributions to the software

7. Distribution Obligations: Specifies requirements for distributing the original or modified software

8. Intellectual Property Rights: Addresses ownership of intellectual property and patent rights

9. Termination: Describes conditions under which the license may be terminated

10. Disclaimer of Warranty: States that the software is provided 'as is' without warranties

11. Limitation of Liability: Limits the liability of contributors and distributors

12. Compliance with Laws: Requires compliance with applicable Hong Kong laws and regulations

13. General Provisions: Includes standard legal provisions such as governing law, jurisdiction, and severability

Optional Sections

1. Commercial Distribution: Additional terms for commercial distribution of the software, used when commercial use is anticipated

2. Patent Defense: Additional patent-related provisions, used when the software may be subject to patent claims

3. External Deployment: Terms for network use or cloud deployment, used when the software may be deployed as a service

4. Geographic Restrictions: Special provisions for specific territorial restrictions, used when distribution needs to be limited to certain regions

5. Third Party Software: Provisions regarding incorporated third-party software, used when the software includes other licensed components

6. Data Protection: Additional terms for handling personal data, used when the software processes user information

7. Support and Maintenance: Optional terms for providing support, used when offering additional support services

Suggested Schedules

1. Schedule 1 - Original Software: Detailed description of the original software being licensed, including version number and components

2. Schedule 2 - Required Notices: Text of copyright and other notices that must be included with distributions

3. Schedule 3 - Compatible Licenses: List of other open source licenses compatible with this license

4. Appendix A - Contribution Agreement: Template for contributor agreements

5. Appendix B - Modified Files Notice: Template for notices required when distributing modified versions

6. Appendix C - Third Party Components: List of third-party software components and their respective licenses

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Commercial Use
Contribution
Contributor
Contributor Version
Covered Software
Derivative Works
Distribute
Distribution
Documentation
External Deployment
Initial Developer
Initial Developer Version
Intellectual Property Rights
License
Licensable
Modifications
Modified Software
Modified Version
Original Code
Original Software
Patent Claims
Personal Data
Recipient
Secondary License
Source Code
Source Code Form
Subsequent Release
Technology
Third Party Software
You
Your
Your Modifications
Relevant Industries

Information Technology

Software Development

Open Source Software

Technology Consulting

Cloud Computing

Digital Services

Enterprise Software

Mobile Applications

Financial Technology

E-commerce

Healthcare Technology

Educational Technology

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Product Development

Risk Management

Intellectual Property

Open Source Program Office

Technology Operations

Research and Development

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Open Source Program Manager

Software Architect

Development Team Lead

Compliance Officer

Technology Licensing Manager

Project Manager

Chief Information Officer

Software License Administrator

Product Manager

Technology Risk Manager

Industries
Copyright Ordinance (Cap. 528): Primary legislation governing copyright protection in Hong Kong, crucial for software licensing and distribution rights
Patents Ordinance (Cap. 514): Governs patent rights in Hong Kong, relevant for any patentable aspects of the software being licensed
Contract Law of Hong Kong: Based on common law principles, governs the formation and enforcement of contractual agreements
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the handling of personal data, relevant if the software processes user information
Trade Marks Ordinance (Cap. 559): Relevant for protecting any trademarks associated with the software and its distribution
Electronic Transactions Ordinance (Cap. 553): Governs electronic transactions and digital signatures, important for online distribution and licensing
Competition Ordinance (Cap. 619): Ensures fair competition in Hong Kong markets, relevant for software distribution terms
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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