Open Source Software License for India

Open Source Software License Template for India

This document is an Open Source Software License agreement drafted under Indian law, incorporating provisions from the Indian Copyright Act, 1957, and the Information Technology Act, 2000. It establishes the terms and conditions for the use, modification, and distribution of software while ensuring compliance with Indian legal requirements. The license balances the principles of open source software distribution with local regulatory requirements, addressing aspects such as warranty disclaimers, liability limitations, and intellectual property rights within the Indian legal framework.

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What is a Open Source Software License?

This Open Source Software License is designed for use in India by software developers, organizations, and individuals who wish to make their software freely available while retaining certain rights and protections under Indian law. The document is particularly relevant when distributing software within India or when Indian law governance is desired. It includes essential provisions required by Indian legislation, including the Copyright Act, 1957, and the Information Technology Act, 2000, while maintaining the spirit of open source software distribution. The license addresses key aspects such as usage rights, modification permissions, distribution terms, warranty disclaimers, and liability limitations, all within the context of Indian legal requirements.

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

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

2. Background: Explains the nature of the software and the purpose of the open source license

3. Definitions: Defines key terms used in the license including 'Software', 'Derivative Works', 'Contribution', 'Distribution', and 'Modified Version'

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

5. Restrictions: Outlines limitations on the license and conditions that must be met by licensees

6. Distribution Obligations: Details requirements for redistributing the software or modified versions

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

8. Disclaimer of Warranty: Clearly states that the software is provided 'as is' without warranty

9. Limitation of Liability: Limits the licensor's liability under 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

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

1. Patent Grant: Additional section granting patent rights when the software involves patented technology

2. Contribution Guidelines: Rules and procedures for accepting contributions from the community

3. Export Control: Compliance requirements for international distribution, necessary when the software may be subject to export restrictions

4. Data Privacy Compliance: Additional terms regarding data protection and privacy, required when the software processes personal data

5. Trademark Usage: Guidelines for using associated trademarks, needed when the software includes branded elements

6. Commercial Use Provisions: Special terms for commercial use of the software, relevant for dual-licensing models

7. Network Use Clause: Additional terms for software used in network services, similar to AGPL provisions

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

1. Schedule A - Software Description: Detailed description of the software, including components and functionality

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

3. Schedule C - Required Notices: Specific copyright, attribution, and other notices that must be included in distributions

4. Appendix A - Acceptable License Notices: Templates for license notices to be included in source files

5. Appendix B - Contribution Agreement: Standard contribution agreement form for contributors

6. Appendix C - Technical Requirements: Technical specifications and requirements for modified versions

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

India

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Clauses
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare Technology

Educational Technology

E-commerce

Telecommunications

Manufacturing Technology

Research and Development

Digital Media

Cloud Services

Artificial Intelligence and Machine Learning

Internet of Things (IoT)

Cybersecurity

Open Source Community

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Risk Management

Product Development

Open Source Program Office

Documentation

Community Relations

Intellectual Property

Technical Architecture

Quality Assurance

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Attorney

Chief Technology Officer

Open Source Program Manager

Software Architect

Compliance Officer

IT Director

Risk Manager

Product Manager

Development Team Lead

Chief Information Officer

Innovation Director

Technical Documentation Specialist

Community Manager

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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