This Open Source Agreement template is essential for software developers and organizations in the Philippines who wish to distribute their software under open source principles while maintaining compliance with local laws. The document becomes relevant when an entity needs to release software code publicly while establishing clear terms for its use, modification, and redistribution. It incorporates specific requirements of Philippine law, including provisions from the Intellectual Property Code, E-commerce Act, and Data Privacy Act, making it particularly suitable for Philippine-based developers and organizations. The agreement is structured to protect the original creator's rights while granting extensive freedoms to users, typical of open source licensing. It includes comprehensive sections on liability limitations, warranty disclaimers, and specific conditions for commercial use, all framed within Philippine legal requirements.
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1. Parties: Identification of the licensor and potential licensees of the open source software
2. Background: Context of the agreement, nature of the software, and purpose of open source distribution
3. Definitions: Key terms used throughout the agreement, including 'Software', 'Source Code', 'Derivative Works', 'Contribution', and 'License'
4. Grant of License: Scope and nature of the license being granted, including rights to use, modify, and distribute the software
5. License Conditions: Conditions under which the license is granted, including attribution requirements and copying of license terms
6. Intellectual Property Rights: Statement of ownership and intellectual property rights retention
7. Distribution Terms: Rules and conditions for redistributing the original or modified software
8. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranties
9. Limitation of Liability: Limitations on licensor's liability for damages arising from software use
10. Termination: Conditions under which the license may be terminated and consequences of termination
11. Governing Law: Specification of Philippine law as governing law and jurisdiction
1. Patent License: Additional section when the software involves patented technology, granting explicit patent rights
2. Contributor License: Section defining terms for accepting contributions from third parties to the software
3. Export Controls: Required when software may be subject to export control regulations
4. Data Privacy Compliance: Required when software processes personal data, ensuring compliance with Philippine Data Privacy Act
5. Trademark Usage: Section governing use of associated trademarks when applicable
6. Security Requirements: Additional section for software requiring specific security measures or compliance
7. Commercial Use Restrictions: Optional restrictions on commercial use if hybrid licensing model is desired
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 - Attribution Notices: Required attribution notices and acknowledgments
4. Appendix 1 - Acceptable Use Policy: Guidelines for acceptable use of the software
5. Appendix 2 - Contribution Guidelines: Procedures and standards for contributing to the software
Relevant legal definitions
Agreement
Software
Source Code
Object Code
Derivative Works
Contribution
Contributor
License
Licensor
Licensee
Intellectual Property Rights
Modifications
Original Code
Third Party Components
Distribution
Commercial Use
End User
Documentation
Effective Date
Fork
Permitted Use
Repository
Trademark
Update
Version
Software
Source Code
Object Code
Derivative Works
Contribution
Contributor
License
Licensor
Licensee
Intellectual Property Rights
Modifications
Original Code
Third Party Components
Distribution
Commercial Use
End User
Documentation
Effective Date
Fork
Permitted Use
Repository
Trademark
Update
Version
Clauses
Grant of License
Intellectual Property Rights
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Termination
Compliance with Laws
Data Protection
Patent Rights
Trademark Usage
Contribution Terms
Acceptance
Export Control
Third Party Rights
Governing Law
Dispute Resolution
Open Source Obligations
Documentation Rights
Intellectual Property Rights
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Termination
Compliance with Laws
Data Protection
Patent Rights
Trademark Usage
Contribution Terms
Acceptance
Export Control
Third Party Rights
Governing Law
Dispute Resolution
Open Source Obligations
Documentation Rights
Relevant Industries
Technology
Software Development
IT Services
Education
Research & Development
Financial Services
Healthcare
E-commerce
Telecommunications
Government & Public Sector
Relevant Teams
Legal
Software Development
Information Technology
Compliance
Research & Development
Product Development
Intellectual Property
Risk Management
Technical Operations
Information Security
Relevant Roles
Software Developer
Legal Counsel
Chief Technology Officer
Intellectual Property Lawyer
Open Source Compliance Officer
Software Architect
Development Team Lead
Product Manager
Technical Director
Chief Information Officer
Legal Operations Manager
Licensing Manager
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