This Open Source EULA template is designed for software providers distributing open source software within India's jurisdiction. It should be used when releasing software under open source licenses while maintaining certain controls and protections under Indian law. The document incorporates essential elements of Indian IT legislation, including the Information Technology Act, 2000, and addresses key aspects such as intellectual property rights, liability limitations, and user obligations. The agreement is particularly relevant for software distributed freely with source code access, whether for commercial or non-commercial purposes. It includes provisions for software modification, redistribution rights, and contributor obligations, while ensuring compliance with Indian legal requirements for digital contracts and consumer protection.
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Key Requirements PROMPT example:
Open Source EULA
"I need an Open Source EULA for my machine learning software that will be distributed primarily to Indian educational institutions and research organizations, with specific provisions for academic use and data handling compliance by March 2025."
1. Parties: Identification of the licensor (software provider) and licensee (end user)
2. Background: Context of the software, its open source nature, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including Software, Open Source, License, Modifications, etc.
4. Grant of License: Scope of the license, open source terms, and permitted uses of the software
5. Acceptance of Terms: How and when the user accepts the terms of the EULA
6. License Restrictions: Limitations on use, distribution, and modification of the software
7. Open Source Components: Declaration of open source elements and applicable licenses
8. Intellectual Property Rights: Statement of ownership and IP rights retention
9. User Obligations: User responsibilities regarding software use and distribution
10. Disclaimers: Warranty disclaimers and limitation of liability
11. Term and Termination: Duration of agreement and conditions for termination
12. Governing Law: Application of Indian law and jurisdiction
13. Dispute Resolution: Process for resolving disputes under Indian law
1. Data Collection and Privacy: Include when the software collects or processes user data, addressing compliance with Indian data protection rules
2. Export Controls: Include when software may be subject to export restrictions
3. Support and Updates: Include when offering specific support services or update policies
4. Commercial Distribution: Include when allowing commercial redistribution of the software
5. Contribution Terms: Include when accepting user contributions to the software
6. Third Party Software: Include when incorporating third-party components beyond standard open source libraries
1. Schedule A - Software Description: Detailed description of the software, its components, and functionality
2. Schedule B - Open Source Licenses: List of all open source licenses applicable to different components
3. Schedule C - Installation and System Requirements: Technical requirements and installation instructions
4. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix 2 - Privacy Policy: Detailed privacy policy if data collection is involved
Authors
Relevant legal definitions
Software
Source Code
Open Source
License
Licensor
Licensee
Intellectual Property Rights
Modifications
Derivative Works
Documentation
Effective Date
End User
Contributors
Contribution
Distribution
Commercial Use
Updates
Installation
Third Party Components
System Requirements
User Data
Personal Information
Confidential Information
Force Majeure
Permitted Use
Territory
Acceptance
Terms of Service
Breach
Termination
Governing Law
Jurisdiction
Dispute Resolution
Warranties
Liability
Indemnification
Open Source License Terms
Repository
Version Control
Application Programming Interface (API)
Bug Fix
Patch
Security Vulnerability
Source Code
Open Source
License
Licensor
Licensee
Intellectual Property Rights
Modifications
Derivative Works
Documentation
Effective Date
End User
Contributors
Contribution
Distribution
Commercial Use
Updates
Installation
Third Party Components
System Requirements
User Data
Personal Information
Confidential Information
Force Majeure
Permitted Use
Territory
Acceptance
Terms of Service
Breach
Termination
Governing Law
Jurisdiction
Dispute Resolution
Warranties
Liability
Indemnification
Open Source License Terms
Repository
Version Control
Application Programming Interface (API)
Bug Fix
Patch
Security Vulnerability
Clauses
License Grant
Intellectual Property
Usage Rights
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Indemnification
Term and Termination
Governing Law
Dispute Resolution
Acceptance of Terms
Software Installation
Usage Restrictions
Open Source Compliance
Third Party Rights
Data Protection
Technical Requirements
Support and Updates
Export Control
Force Majeure
Assignment
Severability
Entire Agreement
Notice
Compliance with Laws
Contribution Terms
Intellectual Property
Usage Rights
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Indemnification
Term and Termination
Governing Law
Dispute Resolution
Acceptance of Terms
Software Installation
Usage Restrictions
Open Source Compliance
Third Party Rights
Data Protection
Technical Requirements
Support and Updates
Export Control
Force Majeure
Assignment
Severability
Entire Agreement
Notice
Compliance with Laws
Contribution Terms
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Telecommunications
Research and Development
Government and Public Sector
Digital Media
Consulting Services
Relevant Teams
Legal
Software Development
Information Technology
Compliance
Risk Management
Product Development
Intellectual Property
Operations
Information Security
Corporate Governance
Relevant Roles
Legal Counsel
Software Developer
Chief Technology Officer
Intellectual Property Manager
Compliance Officer
Software Licensing Manager
Open Source Program Manager
Product Manager
Chief Information Officer
Legal Operations Manager
Software Development Manager
IT Director
Risk Management Officer
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