Open Source License Agreement Template for Philippines

The Open Source License Agreement serves as a crucial legal framework for software distribution under Philippine law, enabling developers and organizations to share their software while maintaining certain rights and protections. This document is essential when releasing software under open source terms, whether by individual developers, companies, or organizations. It covers critical aspects such as usage rights, modification permissions, distribution terms, warranty disclaimers, and liability limitations, all tailored to comply with Philippine legal requirements including the Intellectual Property Code and E-Commerce Act. The agreement is particularly important in the current digital economy where software sharing and collaborative development are increasingly common, providing legal certainty for both licensors and licensees while promoting innovation and knowledge sharing.

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

2. Background: Explains the context of the software, its purpose, and the intent to make it available under open source terms

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

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

5. Conditions of Use: Sets forth the conditions under which the license is granted, including attribution requirements and copyleft provisions if applicable

6. Distribution Requirements: Specifies requirements for redistributing the software, including source code availability and license terms preservation

7. Intellectual Property Rights: Confirms the original copyright ownership and handling of contributions

8. Disclaimer of Warranty: States that the software is provided 'as is' without warranties, in compliance with Philippine consumer protection laws

9. Limitation of Liability: Limits the licensor's liability to the extent permitted under Philippine law

10. Term and Termination: Describes the duration of the license and conditions for termination

11. Governing Law and Jurisdiction: Specifies Philippine law as governing law and establishes jurisdiction for disputes