This Restrictive Open Source License is designed for use in scenarios where software developers or organizations want to make their code available for public use while maintaining specific controls over its implementation and distribution. The document is particularly relevant in the South African context, where it must comply with local intellectual property laws, including the Copyright Act 98 of 1978 and the Electronic Communications and Transactions Act 25 of 2002. It provides a balanced approach between open source principles and commercial interests, making it suitable for companies that want to benefit from community involvement while protecting their intellectual property rights. The license includes specific terms for modification, distribution, and attribution, along with clear definitions of permitted and restricted uses, all framed within South African legal requirements.
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1. Parties: Identification of the Licensor and definition of potential Licensees
2. Background: Context of the software, its purpose, and the intent of the license
3. Definitions: Detailed definitions of terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', etc.
4. Grant of License: Scope of rights granted to licensees, including usage, modification, and distribution rights
5. Restrictions: Specific limitations on use, modification, and distribution of the software
6. Attribution Requirements: Requirements for maintaining copyright notices and attributions
7. Distribution Obligations: Terms and conditions for redistributing the software
8. Intellectual Property Rights: Statement of ownership and intellectual property rights retention
9. Warranties and Disclaimers: Warranty disclaimers and limitations of liability compliant with South African law
10. Termination: Conditions and process for license termination and consequences of breach
11. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction details
1. Commercial Use Restrictions: Additional terms for commercial usage when the license needs to restrict commercial applications
2. Contribution Terms: Terms governing contributions from the community, when accepting external contributions
3. Patent Claims: Specific handling of patent rights and claims when relevant to the software
4. Export Control: Export restrictions and compliance requirements for international distribution
5. Data Protection Compliance: Specific terms related to POPIA compliance when the software processes personal information
6. Network Use: Additional terms for network and cloud deployment when relevant
7. Change License: Terms allowing the licensor to change the license terms for future versions
1. Schedule A - Software Description: Detailed description of the software, components, and versions covered by the license
2. Schedule B - Approved Licenses: List of compatible licenses for linked or integrated components
3. Schedule C - Required Notices: Specific copyright and attribution notices that must be included
4. Appendix 1 - Usage Guidelines: Detailed guidelines for acceptable use and implementation
5. Appendix 2 - Distribution Requirements: Technical requirements and procedures for distribution
6. Appendix 3 - Modification Guidelines: Technical guidelines for acceptable modifications and contributions
Relevant legal definitions
Agreement
Source Code
Object Code
Software
Documentation
Derivative Works
Modifications
Contributor
Contribution
Distribution
Commercial Use
End User
Effective Date
Intellectual Property Rights
License
Licensed Patents
Licensor
Licensee
Original Code
Third Party Components
Use
You
Your
Reproduce
Restricted Features
Permitted Purpose
Prohibited Purpose
Attribution Notice
Deployment
Network Use
Internal Business Purpose
Affiliate
Confidential Information
Fork
Merge Request
Repository
Version Control System
Open Source Components
Proprietary Components
Runtime Environment
API
User Interface
Territory
Term
Termination Date
Source Code
Object Code
Software
Documentation
Derivative Works
Modifications
Contributor
Contribution
Distribution
Commercial Use
End User
Effective Date
Intellectual Property Rights
License
Licensed Patents
Licensor
Licensee
Original Code
Third Party Components
Use
You
Your
Reproduce
Restricted Features
Permitted Purpose
Prohibited Purpose
Attribution Notice
Deployment
Network Use
Internal Business Purpose
Affiliate
Confidential Information
Fork
Merge Request
Repository
Version Control System
Open Source Components
Proprietary Components
Runtime Environment
API
User Interface
Territory
Term
Termination Date
Clauses
Grant of Rights
License Restrictions
Distribution Rights
Intellectual Property
Warranties
Liability Limitations
Attribution Requirements
Modification Rights
Patent Rights
Trademark Usage
Confidentiality
Term and Termination
Governing Law
Dispute Resolution
Commercial Use Restrictions
Export Control
Third Party Rights
Contribution Terms
Notice Requirements
Compliance Obligations
Data Protection
Security Requirements
Documentation Requirements
Version Control
Compatible Licenses
Fee Structures
Audit Rights
Enforcement
Assignment
Severability
License Restrictions
Distribution Rights
Intellectual Property
Warranties
Liability Limitations
Attribution Requirements
Modification Rights
Patent Rights
Trademark Usage
Confidentiality
Term and Termination
Governing Law
Dispute Resolution
Commercial Use Restrictions
Export Control
Third Party Rights
Contribution Terms
Notice Requirements
Compliance Obligations
Data Protection
Security Requirements
Documentation Requirements
Version Control
Compatible Licenses
Fee Structures
Audit Rights
Enforcement
Assignment
Severability
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare Technology
Education Technology
Research and Development
Government and Public Sector
Telecommunications
Manufacturing
Professional Services
Relevant Teams
Legal
Software Development
Compliance
Information Technology
Risk Management
Product Development
Open Source Program Office
Intellectual Property
Technology Operations
Research and Development
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Manager
Chief Technology Officer
Software Architect
Compliance Officer
Open Source Program Manager
Development Team Lead
Product Manager
Technology Risk Manager
Licensing Manager
Chief Information Officer
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