Restrictive Open Source License for Malaysia

Restrictive Open Source License Template for Malaysia

A specialized open source software license agreement governed by Malaysian law that provides for the controlled distribution and modification of software while maintaining specific restrictions on usage and redistribution. This license balances open source principles with commercial interests by implementing selective constraints on how the software can be used, modified, and redistributed. It includes specific provisions for copyright protection under Malaysian intellectual property law, requirements for attribution, and conditions for creating derivative works, while incorporating necessary compliance elements with Malaysian Contract Act 1950 and Copyright Act 1987.

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Restrictive Open Source License

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What is a Restrictive Open Source License?

The Restrictive Open Source License is designed for software developers and organizations operating in Malaysia who wish to make their software available under open source terms while maintaining certain controls over its use and distribution. This license type is particularly suitable when the licensor wants to share their software with the community while protecting specific commercial or strategic interests. It incorporates provisions from Malaysian intellectual property law, including the Copyright Act 1987 and Contracts Act 1950, to ensure enforceability while balancing open source principles with business needs. The document includes detailed terms for source code access, modification rights, redistribution requirements, and specific restrictions that differentiate it from more permissive open source licenses.

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

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

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

3. Definitions: Defines key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', etc.

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

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

6. Distribution Requirements: Outlines conditions for redistributing the software and derivative works

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

8. Warranty Disclaimer: Disclaims warranties and limits liability in accordance with Malaysian law

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

10. Governing Law: Specifies Malaysian law as governing law and jurisdiction

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

1. Commercial Use Provisions: Additional terms for commercial use of the software, when commercial use is permitted with restrictions

2. Patent Rights: Include when the software involves patented technology or patent rights need to be addressed

3. Export Control: Include for software that may be subject to export restrictions

4. Data Protection: Include when the software processes personal data or requires compliance with data protection laws

5. Network Use: Include for software that can be accessed over a network or provided as a service

6. Contributing Guidelines: Include when accepting community contributions to the software

7. Geographic Restrictions: Include when certain territories are excluded from the license grant

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

1. Schedule A - Licensed Software: Detailed description of the software components 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 distributions

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

5. Appendix 2 - Modification Guidelines: Technical requirements and standards for software 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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

License Agreement

Cost

Free to use
Relevant Industries

Technology

Software Development

Information Technology

Legal Services

Financial Services

Healthcare Technology

Education Technology

Manufacturing

Telecommunications

Research and Development

Relevant Teams

Legal

Software Development

Compliance

Intellectual Property

Product Development

Open Source Program Office

Research & Development

Technology Strategy

Risk Management

Commercial Operations

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Open Source Compliance Manager

Software Architect

Product Manager

Licensing Manager

Chief Legal Officer

Development Team Lead

IP Rights Manager

Software Development 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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