The Restrictive Open Source License is designed for use in situations where organizations or individuals want to make their software available for public use while maintaining more control than traditional open source licenses provide. It is particularly relevant in the Philippine context, where software development and technology sectors are rapidly growing, and local legal compliance is essential. This license type bridges the gap between fully proprietary software and permissive open source licenses, making it ideal for companies wanting to build a community around their software while protecting their commercial interests. The document includes specific provisions for compliance with Philippine intellectual property laws, data privacy regulations, and e-commerce requirements, while establishing clear guidelines for software modification, distribution, and attribution requirements.
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1. Parties: Identifies the licensor (copyright holder) and defines the categories of potential licensees
2. Background: Explains the nature of the software, its ownership, and the purpose of the license
3. Definitions: Defines key terms including 'Software', 'Source Code', 'Derivative Works', 'Commercial Use', and other license-specific terms
4. Grant of License: Specifies the rights granted to licensees, including permissions to use, modify, and distribute the software
5. Restrictions: Details specific restrictions on use, modification, and distribution, including commercial use limitations
6. Distribution Obligations: Requirements for redistributing the software, including source code availability and license terms preservation
7. Attribution Requirements: Specifications for maintaining copyright notices and attribution to original authors
8. Warranty Disclaimer: Disclaims warranties in compliance with Philippine law and open source practices
9. Limitation of Liability: Limits licensor's liability within bounds of Philippine law
10. Term and Termination: Specifies duration of license and conditions for termination
11. Compliance with Laws: Requirements for compliance with Philippine laws and regulations
12. Governing Law and Jurisdiction: Establishes Philippine law as governing law and specifies jurisdiction for disputes
1. Patent License: Include when the software may involve patented technologies, granting explicit patent rights
2. Contribution Terms: Include when accepting community contributions, defining terms for submitted modifications
3. Commercial Use Terms: Include when allowing commercial use under specific conditions or with additional requirements
4. Export Control: Include when software may be subject to export regulations
5. Data Privacy Compliance: Include when software processes personal data, ensuring compliance with Philippine Data Privacy Act
6. Network Use Provisions: Include when software may be used in network or cloud environments
7. Modified Version Distribution: Include detailed terms for distributing modified versions when modifications are expected to be significant
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 A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix B - Modification Guidelines: Technical guidelines for making and distributing modifications
6. Appendix C - Commercial Use Requirements: Detailed requirements and processes for commercial use when permitted
Relevant legal definitions
Agreement
Approved Source
Attribution Notice
Authorized Purpose
Commercial Use
Contributor
Contribution
Derivative Work
Distribution
Documentation
Effective Date
End User
Intellectual Property Rights
License
Licensed Software
Licensee
Licensor
Modification
Non-Commercial Use
Notice File
Object Code
Original Code
Patent Claims
Permitted Use
Prohibited Use
Related Documentation
Restricted Features
Restricted Territory
Source Code
Software
Third Party Components
User
You
Approved Source
Attribution Notice
Authorized Purpose
Commercial Use
Contributor
Contribution
Derivative Work
Distribution
Documentation
Effective Date
End User
Intellectual Property Rights
License
Licensed Software
Licensee
Licensor
Modification
Non-Commercial Use
Notice File
Object Code
Original Code
Patent Claims
Permitted Use
Prohibited Use
Related Documentation
Restricted Features
Restricted Territory
Source Code
Software
Third Party Components
User
You
Clauses
Grant of License
Scope of Rights
Usage Restrictions
Distribution Rights
Modification Rights
Attribution Requirements
Intellectual Property Rights
Third Party Components
Commercial Use Restrictions
Warranties
Liability Limitations
Indemnification
Term and Termination
Compliance Requirements
Export Control
Data Protection
Contribution Terms
Patent Grant
Trademark Usage
Dispute Resolution
Governing Law
Assignment
Severability
Entire Agreement
Force Majeure
Notices
Audit Rights
Scope of Rights
Usage Restrictions
Distribution Rights
Modification Rights
Attribution Requirements
Intellectual Property Rights
Third Party Components
Commercial Use Restrictions
Warranties
Liability Limitations
Indemnification
Term and Termination
Compliance Requirements
Export Control
Data Protection
Contribution Terms
Patent Grant
Trademark Usage
Dispute Resolution
Governing Law
Assignment
Severability
Entire Agreement
Force Majeure
Notices
Audit Rights
Relevant Industries
Information Technology
Software Development
Educational Technology
Financial Technology
Healthcare Technology
E-commerce
Telecommunications
Research and Development
Digital Media
Cloud Computing
Artificial Intelligence
Cybersecurity
Relevant Teams
Legal
Software Development
Compliance
Information Security
Product Management
Research and Development
Innovation
Open Source Program Office
Intellectual Property
Technology Transfer
Risk Management
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Attorney
Chief Technology Officer
Software Architect
Open Source Compliance Officer
Licensing Manager
Technology Transfer Officer
Product Manager
Development Team Lead
Information Security Officer
Chief Legal Officer
Innovation Director
Research and Development Manager
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