Open Source Software License for New Zealand

Open Source Software License Template for New Zealand

This Open Source Software License is a legal agreement governed by New Zealand law that grants users the rights to use, modify, and distribute software while protecting the original authors' interests. It incorporates key provisions from New Zealand's Copyright Act 1994 and Contract and Commercial Law Act 2017, while maintaining alignment with international open source principles. The license addresses intellectual property rights, warranty disclaimers, liability limitations, and contribution terms, providing a comprehensive framework for open source software distribution while ensuring compliance with New Zealand's legal requirements.

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What is a Open Source Software License?

This Open Source Software License is designed for use in New Zealand's legal jurisdiction, providing a robust framework for software distribution and collaboration. It is particularly suitable for software developers, organizations, and businesses seeking to release their software under open source terms while maintaining compliance with New Zealand law. The license incorporates essential elements of open source principles, including the freedom to use, modify, and distribute the software, while addressing specific requirements under New Zealand's legal framework, such as the Copyright Act 1994 and Consumer Guarantees Act 1993. It includes provisions for intellectual property protection, liability limitations, warranty disclaimers, and contribution management, making it suitable for both simple software projects and complex collaborative developments.

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

1. Parties: Identifies the licensor (copyright holder) and defines the 'you' (licensee) to whom the license is granted

2. Background: Establishes the context of the software, its purpose, and the intent to license it under open source terms

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

4. Grant of License: Specifies the rights granted to use, copy, modify, and distribute the software and source code

5. Conditions: Lists the conditions under which the license is granted, including attribution requirements and source code availability

6. Contributor License: Establishes terms for contributions made to the software by third parties

7. Disclaimer of Warranty: Disclaims warranties to the extent permitted by New Zealand law, particularly under the Consumer Guarantees Act

8. Limitation of Liability: Limits liability of the licensor in compliance with New Zealand law

9. Termination: Specifies conditions under which the license may terminate and the consequences of termination

10. General Provisions: Includes governing law, jurisdiction, and other standard contractual provisions required under New Zealand law

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

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

2. Trademark Usage: Include when there are specific requirements or restrictions regarding the use of associated trademarks

3. Export Controls: Include when the software may be subject to export control regulations

4. Privacy Compliance: Include when the software processes personal information, ensuring compliance with the Privacy Act 2020

5. Network Usage: Include when the software is intended to be used over a network or as a service

6. Commercial Distribution: Include when allowing for commercial distribution with specific terms

7. Compatible Licenses: Include when specifying which other open source licenses are compatible for combined works

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

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

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

3. Schedule 3 - Required Notices: Specific attribution notices and disclaimers that must be included in distributions

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

5. Appendix B - Contribution Agreement: Template contributor license agreement for code contributions

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

New Zealand

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant Industries

Technology

Software Development

Education

Research and Development

Financial Services

Healthcare

Government

Telecommunications

Manufacturing

Retail

Professional Services

Non-Profit

Media and Entertainment

Relevant Teams

Legal

Software Development

Information Technology

Compliance

Research and Development

Product Management

Quality Assurance

Documentation

DevOps

Open Source Program Office

Information Security

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Attorney

Chief Technology Officer

Development Team Lead

Open Source Program Manager

Compliance Officer

IT Director

Software Architect

Product Manager

Research Scientist

Technical Documentation Writer

Quality Assurance Engineer

System Administrator

DevOps Engineer

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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