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Open Source Software Licence

Open Source Software Licence Template for India

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Key Requirements PROMPT example:

Open Source Software Licence

"I need an Open Source Software License for a machine learning library we're releasing in March 2025, which should allow commercial use but require users to share modifications under the same terms and include proper attribution to our company."

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This Open Source Software License is designed for use in India by individuals, organizations, and companies seeking to release their software under open source terms while ensuring compliance with Indian legal requirements. The document incorporates essential elements of Indian contract law, copyright protection, and information technology regulations, while maintaining alignment with international open source principles. It's particularly useful when releasing software products to the public with permissions for modification and redistribution, while protecting the original creator's rights and limiting liability. The license addresses key aspects such as copyright notices, warranty disclaimers, and contribution terms, all structured to be enforceable under Indian jurisdiction.
Suggested Sections

1. Parties: Identifies the licensor (copyright holder) and the broad category of licensees (users of the software)

2. Background: Explains the context of the software, its purpose, and the intent to make it available as open source

3. Definitions: Defines key terms used throughout the license, including 'Software', 'Derivative Works', 'Contribution', and other technical and legal terms

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

5. Conditions of Use: Sets out the conditions under which the license is granted, including attribution requirements and sharing conditions

6. Copyright Notices: Requirements for maintaining copyright and license notices in the source code and documentation

7. Distribution Terms: Rules and conditions for redistributing the original or modified software

8. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranties, as required by Indian law

9. Limitation of Liability: Limits the licensor's liability in accordance with Indian law

10. Termination: Conditions under which the license may be terminated and the consequences of termination

11. Governing Law and Jurisdiction: Specifies Indian law as governing law and establishes jurisdiction for disputes

Optional Sections

1. Patent License: Additional section when the software may involve patent rights, granting explicit patent licenses to users

2. Contributor License: Terms for accepting and managing third-party contributions to the software

3. Commercial Use Provisions: Additional terms specifically addressing commercial use when relevant

4. Network Use Clause: Special provisions for software used over a network (similar to AGPL-style provisions)

5. Export Control: Compliance requirements for international distribution, when applicable

6. Data Privacy Compliance: Additional terms when the software processes personal data or requires compliance with privacy laws

7. Third Party Components: Section addressing the use and licensing of third-party components when the software includes them

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the software, including version number and components covered by the license

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

3. Schedule C - Notice Text: Required notice text and attribution statements to be included in all copies

4. Appendix A - Usage Guidelines: Guidelines for proper use and distribution of the software

5. Appendix B - Contribution Guidelines: Procedures and requirements for submitting contributions to the software

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
Software
Source Code
Object Code
Derivative Works
Modification
Contribution
Contributor
Distribution
User
Licensee
Licensor
License
Copyright Holder
Documentation
Intellectual Property Rights
Patent Rights
Third Party Components
Compatible License
Commercial Use
Non-Commercial Use
Network Use
Repository
Fork
Merge
Patch
Build
Release
Version
API
Library
Module
Package
Component
Executable
Binary Form
Effective Date
Notice
Attribution
Copyleft
Permissive License Terms
Reciprocal License Terms
Relevant Industries

Information Technology

Software Development

Education

Research and Development

Healthcare Technology

Financial Technology

E-commerce

Telecommunications

Manufacturing

Digital Media

Artificial Intelligence

Cloud Computing

Internet of Things

Open Source Software Industry

Consulting Services

Relevant Teams

Legal

Software Development

Compliance

Product Development

Research and Development

Information Technology

Innovation

Engineering

Open Source Program Office

Intellectual Property

Technical Operations

Quality Assurance

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Attorney

Chief Technology Officer

Software Architect

Product Manager

Open Source Program Manager

Compliance Officer

Technology Director

Development Team Lead

Legal Operations Manager

Innovation Director

Research and Development Manager

Software Engineering Manager

Chief Information Officer

Industries
The Copyright Act, 1957: Primary legislation governing copyright protection in India, including protection of computer software as literary works. Essential for defining the scope of copyright protection and licensing rights.
The Information Technology Act, 2000: Governs electronic records and digital signatures, crucial for software distribution and licensing in digital format.
The Indian Contract Act, 1872: Fundamental law governing contract formation and enforcement in India, essential for ensuring the license agreement is legally binding.
The Consumer Protection Act, 2019: Relevant for understanding potential end-user rights and protections, particularly regarding software warranties and liability limitations.
The Patents Act, 1970: Important for understanding patent-related aspects of software and ensuring the license properly addresses patent rights and claims.
The Competition Act, 2002: Relevant for ensuring license terms do not create anti-competitive effects in the software market.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: May affect certain aspects of software distribution and hosting platforms used for open source software.
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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