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Dual Software License

Dual Software License Template for Pakistan

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Key Requirements PROMPT example:

Dual Software License

"I need a Dual Software License agreement for my enterprise analytics software, which will be offered commercially to Pakistani corporations but also made available under an open-source license for educational institutions and non-profits, with implementation to begin from March 2025."

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Document background
The Dual Software License agreement serves as a flexible legal framework for software distribution in Pakistan, allowing software owners to offer their product under either commercial or open-source terms. This document is particularly useful for software companies and developers who want to maintain control over their intellectual property while simultaneously fostering open-source community engagement. The agreement comprehensively addresses Pakistani legal requirements, including compliance with the Copyright Ordinance, 1962, and the Electronic Transactions Ordinance, 2002. It provides detailed terms for license selection, usage rights, payment structures for commercial licensing, and conditions for open-source usage, while ensuring proper protection of intellectual property rights and maintaining clarity on obligations under both licensing options.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names and addresses

2. Background: Context of the agreement, description of the software, and purpose of dual licensing

3. Definitions: Detailed definitions of technical terms, licensing types, and key concepts used throughout the agreement

4. License Grant - Commercial: Terms and scope of the commercial license option, including usage rights and restrictions

5. License Grant - Open Source: Terms and scope of the open source license option, including applicable open source license terms

6. License Selection and Switching: Process and conditions for selecting and switching between license types

7. Intellectual Property Rights: Assertion and protection of IP rights, ownership declarations, and restrictions

8. Payment Terms: Commercial license fees, payment schedules, and financial obligations

9. Warranties and Representations: Warranties regarding software ownership, performance, and compliance with laws

10. Limitation of Liability: Limitations on liability and disclaimers under both license types

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement, termination conditions, and post-termination obligations

13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes

Optional Sections

1. Support and Maintenance: Terms for technical support and maintenance services, used when offering additional support packages

2. Distribution Rights: Include when licensee is permitted to distribute the software to third parties

3. Audit Rights: Include for commercial licenses where usage monitoring is required

4. Source Code Escrow: Include when providing source code security through third-party escrow services

5. Export Control: Include when software may be subject to international export restrictions

6. Data Protection: Include when software processes personal or sensitive data

7. Third-Party Software: Include when software incorporates third-party components

8. Professional Services: Include when offering additional implementation or customization services

Suggested Schedules

1. Schedule A - Software Description: Detailed technical specification of the software and its components

2. Schedule B - Commercial License Fees: Pricing structure and payment terms for commercial license

3. Schedule C - Open Source Components: List of open source components and their respective licenses

4. Schedule D - Support Level Agreement: Details of support services and response times

5. Schedule E - Acceptable Use Policy: Guidelines and restrictions for software usage

6. Appendix 1 - Technical Requirements: Minimum system requirements and technical specifications

7. Appendix 2 - License Comparison Matrix: Side-by-side comparison of commercial and open source license terms

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Users
Commercial License
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fees
License Term
Licensed Software
Licensee
Licensor
Maintenance Updates
Major Release
Minor Release
Object Code
Open Source License
Open Source Components
Patch
Permitted Purpose
Software
Source Code
Specifications
Support Services
Technical Requirements
Territory
Third Party Software
Updates
Upgrades
Use
User Interface
Version
Warranty Period
Work Product
Working Day
APIs
Acceptance Tests
Authorized Devices
Background IP
Commercial Use
Derivative Works
Distribution Rights
End User
Implementation Services
Installation
License Key
Modifications
Production Environment
Software Documentation
Support Level Agreement
System Requirements
Clauses
License Grant
Intellectual Property Rights
Payment
Usage Rights
Restrictions
Warranties
Liability
Indemnification
Confidentiality
Term and Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Support and Maintenance
Installation
Documentation
Audit Rights
Export Control
Data Protection
Third Party Rights
Amendments
Entire Agreement
Severability
Notices
Non-Competition
Source Code Access
Distribution Rights
Open Source Compliance
License Selection
Updates and Upgrades
Technical Requirements
Implementation
Acceptance Testing
Security Requirements
Relevant Industries

Information Technology

Software Development

Education

Financial Services

Healthcare

E-commerce

Telecommunications

Manufacturing

Government Services

Research and Development

Professional Services

Digital Media

Gaming Industry

Relevant Teams

Legal

Software Development

Product Management

Compliance

Procurement

Business Development

Intellectual Property

Contract Administration

Engineering

Executive Leadership

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Intellectual Property Attorney

Licensing Manager

Product Manager

Open Source Compliance Officer

Contract Administrator

Software Engineer

Business Development Manager

Chief Executive Officer

Chief Legal Officer

Technology Procurement Manager

Software Architect

Industries
Copyright Ordinance, 1962: Primary legislation protecting software as literary work and establishing copyright protection framework for computer programs and source code
Electronic Transactions Ordinance, 2002: Governs electronic documentation and digital signatures, crucial for software licensing and distribution
Prevention of Electronic Crimes Act, 2016: Relevant for software protection against unauthorized access, copying, and distribution
Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement of contractual obligations in Pakistan
Patents Ordinance, 2000: Relevant for any patentable aspects of the software and protection of technical innovations
Registered Designs Ordinance, 2000: Applicable to protection of software user interface designs and graphical elements
Consumer Protection Acts (Various Provincial Laws): Relevant for commercial licensing aspects and consumer rights protection
Competition Act, 2010: Important for commercial licensing terms to ensure compliance with anti-competitive practices regulations
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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