Restrictive Open Source License for Hong Kong

Restrictive Open Source License Template for Hong Kong

A Restrictive Open Source License governed by Hong Kong law that provides a framework for software distribution while maintaining specific controls over usage and modification rights. This license balances open source principles with commercial interests, incorporating provisions that comply with Hong Kong intellectual property laws and contract regulations. It includes specific restrictions on commercial use, modification rights, and distribution terms while ensuring compliance with Hong Kong's legal requirements for software licensing, data privacy, and consumer protection.

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What is a Restrictive Open Source License?

This Restrictive Open Source License is designed for organizations and developers who want to make their software accessible while maintaining significant control over its use and distribution. The license is specifically drafted under Hong Kong law and combines traditional open source principles with restrictive elements that protect the licensor's interests. It is particularly suitable for proprietary software that organizations want to partially open source while preserving certain commercial rights or maintaining control over modifications. The document includes comprehensive provisions for intellectual property protection, usage limitations, and compliance requirements, all aligned with Hong Kong's legal framework. This type of license is commonly used for commercial software products, enterprise solutions, or specialized tools where the developer wants to benefit from community involvement while protecting business interests.

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

1. Parties: Identifies the licensor (copyright holder) and defines the scope of licensees

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

3. Definitions: Defines key terms including 'Software', 'Source Code', 'Derivative Works', 'Commercial Use', and other license-specific terms

4. Grant of Rights: Specifies the rights granted to licensees, including usage, modification, and distribution rights

5. Restrictions: Details specific restrictions on use, including commercial limitations, modification constraints, and distribution requirements

6. License Conditions: Outlines conditions that must be met to exercise the license rights

7. Copyright Notices: Requirements for maintaining copyright and license notices

8. Warranties and Disclaimers: Standard warranty disclaimers and limitations compliant with Hong Kong law

9. Limitation of Liability: Limits on liability subject to Hong Kong legal requirements

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

11. Governing Law: Specifies Hong Kong law as governing law and jurisdiction

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

1. Patent Grant: Include when the software may be subject to patent rights that need to be explicitly licensed

2. Contributor License: Include when accepting third-party contributions to define terms for contributed code

3. Network Use: Include when software might be used to provide network services to clarify if this triggers distribution obligations

4. Privacy and Data Protection: Include when software processes personal data to ensure compliance with Hong Kong privacy laws

5. Export Control: Include when software might be subject to export restrictions

6. Third Party Components: Include when software incorporates other open source components to address compatibility

7. Trademark Use: Include when there are specific restrictions on using associated trademarks

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

1. Schedule 1 - Licensed Software: Detailed description of the software covered by the license, including version numbers and components

2. Schedule 2 - Restricted Components: List of specific components subject to additional restrictions

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

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

5. Appendix B - Commercial Use Terms: Specific terms and conditions for any permitted commercial use

6. Appendix C - Third Party Licenses: Copies of licenses for third-party components included in 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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Employment Letter

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Software Development

Financial Services

E-commerce

Healthcare Technology

Educational Technology

Digital Media

Telecommunications

Internet Services

Cloud Computing

Enterprise Software

Mobile Applications

Relevant Teams

Legal

Software Development

Product Development

Compliance

Risk Management

Intellectual Property

Open Source Program Office

Technology Operations

Corporate Strategy

Information Security

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Intellectual Property Attorney

Open Source Compliance Officer

Software Engineer

Product Manager

Technology Risk Manager

Legal Operations Manager

Software Architect

Licensing Manager

Development Team Lead

Chief Legal Officer

IP Strategy Director

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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