This Open Source Software License is designed for use in India by software developers, organizations, and individuals who wish to make their software freely available while retaining certain rights and protections under Indian law. The document is particularly relevant when distributing software within India or when Indian law governance is desired. It includes essential provisions required by Indian legislation, including the Copyright Act, 1957, and the Information Technology Act, 2000, while maintaining the spirit of open source software distribution. The license addresses key aspects such as usage rights, modification permissions, distribution terms, warranty disclaimers, and liability limitations, all within the context of Indian legal requirements.
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1. Parties: Identifies the licensor (copyright holder) and the scope of potential licensees
2. Background: Explains the nature of the software and the purpose of the open source license
3. Definitions: Defines key terms used in the license including 'Software', 'Derivative Works', 'Contribution', 'Distribution', and 'Modified Version'
4. Grant of License: Specifies the rights granted to licensees, including use, modification, and distribution rights
5. Restrictions: Outlines limitations on the license and conditions that must be met by licensees
6. Distribution Obligations: Details requirements for redistributing the software or modified versions
7. Copyright Notices: Requirements for maintaining copyright notices and attributions
8. Disclaimer of Warranty: Clearly states that the software is provided 'as is' without warranty
9. Limitation of Liability: Limits the licensor's liability under Indian law
10. Termination: Conditions under which the license may be terminated and the consequences of termination
11. Governing Law and Jurisdiction: Specifies Indian law as governing law and establishes jurisdiction for disputes
1. Patent Grant: Additional section granting patent rights when the software involves patented technology
2. Contribution Guidelines: Rules and procedures for accepting contributions from the community
3. Export Control: Compliance requirements for international distribution, necessary when the software may be subject to export restrictions
4. Data Privacy Compliance: Additional terms regarding data protection and privacy, required when the software processes personal data
5. Trademark Usage: Guidelines for using associated trademarks, needed when the software includes branded elements
6. Commercial Use Provisions: Special terms for commercial use of the software, relevant for dual-licensing models
7. Network Use Clause: Additional terms for software used in network services, similar to AGPL provisions
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 - Required Notices: Specific copyright, attribution, and other notices that must be included in distributions
4. Appendix A - Acceptable License Notices: Templates for license notices to be included in source files
5. Appendix B - Contribution Agreement: Standard contribution agreement form for contributors
6. Appendix C - Technical Requirements: Technical specifications and requirements for modified versions
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