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Restrictive Open Source License

Restrictive Open Source License Template for Australia

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Key Requirements PROMPT example:

Restrictive Open Source License

"I need a Restrictive Open Source License for a healthcare analytics software that allows academic use but requires paid licensing for commercial applications, with strong protections for our intellectual property and compliance with Australian healthcare data regulations."

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Document background
This Restrictive Open Source License is designed for use in the Australian legal context where software creators wish to make their code available for open source use while maintaining significant control over its implementation and distribution. The document is particularly suitable for commercial software providers who want to benefit from community involvement while protecting their intellectual property interests. It includes specific provisions compliant with Australian copyright law, consumer protection legislation, and contract law principles. The license contains detailed terms regarding modification rights, distribution requirements, and commercial use restrictions, making it ideal for software projects that require a balance between openness and control. This type of license is commonly used for commercial software products, enterprise solutions, and specialized technical applications where the creator wants to maintain quality control and commercial advantages while still benefiting from open source development practices.
Suggested Sections

1. Parties: Identification of the Licensor (copyright holder) and definition of potential Licensees

2. Background: Context of the software, its purpose, and the intent of the license

3. Definitions: Defined terms including Software, Derivative Works, Source Code, Object Code, Contributor, etc.

4. Grant of License: Scope of rights granted to licensees, including usage, modification, and distribution rights

5. Restrictions: Specific limitations on use, modification, and distribution of the software

6. Distribution Requirements: Conditions and obligations when redistributing the software

7. Attribution and Notice Requirements: Requirements for maintaining copyright notices and attributions

8. Disclaimer of Warranty: Disclaimers of warranties and limitations of liability

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

10. Governing Law: Specification of Australian law as governing law and jurisdiction

Optional Sections

1. Patent Rights: Explicit handling of patent rights and patent litigation termination, used when the software may involve patentable elements

2. Contributor Provisions: Rules and obligations for contributors to the software, used in projects accepting external contributions

3. Commercial Use Restrictions: Additional restrictions or requirements for commercial use of the software, used when differentiating between commercial and non-commercial use

4. Network Use Provisions: Specific terms for network or cloud deployment, used when the software may be provided as a service

5. Geographic Restrictions: Specific restrictions for certain geographic regions, used when compliance with regional laws is required

6. Export Control: Export control compliance requirements, used when software may be subject to export regulations

7. Data Privacy Compliance: Specific terms regarding data privacy and protection, used when software processes personal data

Suggested Schedules

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

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

3. Schedule C - Required Notices: Specific copyright and attribution notices that must be included in all copies

4. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

5. Appendix 2 - Modification Guidelines: Technical guidelines for making and distributing modifications

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
Documentation
Derivative Works
Modification
Distribution
Commercial Use
Non-Commercial Use
Intellectual Property Rights
License
Licensor
Licensee
Contributor
Contribution
End User
Permitted Purpose
Restricted Purpose
Updates
Upgrades
Third Party Components
API
User Interface
Background IP
Foreground IP
Effective Date
Business Day
Territory
Confidential Information
Personal Information
Security Requirements
Deployment
Network Use
Distributed Network
Cloud Service
Repository
Version Control
Bug Fix
Patch
Release
Distribution Channel
Attribution Notice
Copyright Notice
License Terms
Termination Date
Relevant Industries

Technology

Software Development

Information Technology

Financial Services

Healthcare Technology

Education Technology

Research and Development

Telecommunications

Digital Media

Manufacturing

Professional Services

Relevant Teams

Legal

Software Development

Compliance

Product Management

Information Technology

Risk Management

Intellectual Property

Open Source Program Office

Research and Development

Quality Assurance

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Software Architect

Compliance Officer

Product Manager

Open Source Program Manager

License Compliance Manager

Development Team Lead

Chief Legal Officer

IT Director

Software Engineering Manager

Technology Compliance Specialist

Industries
Copyright Act 1968 (Cth): Primary legislation governing copyright protection in Australia, essential for protecting software code, documentation, and associated materials
Competition and Consumer Act 2010 (Cth): Contains the Australian Consumer Law provisions, ensuring license terms are fair and don't include unfair contract terms or misleading conditions
Patents Act 1990 (Cth): Relevant for any patentable aspects of the software and to ensure the license properly addresses patent rights and restrictions
Personal Property Securities Act 2009 (Cth): Governs security interests in personal property, including intellectual property rights that may be licensed
Electronic Transactions Act 1999 (Cth): Ensures electronic contracts and signatures are legally valid, particularly relevant for digital distribution of software
Privacy Act 1988 (Cth): Relevant if the software collects, uses, or handles personal information, ensuring compliance with Australian privacy principles
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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