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Restrictive Open Source License Template for India

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Key Requirements PROMPT example:

Restrictive Open Source License

"I need a Restrictive Open Source License for our AI-powered healthcare software that allows academic use but restricts commercial applications and requires all modifications to be reported back to us, compliant with Indian law."

Document background
This Restrictive Open Source License is designed for organizations and individuals who wish to make their software available for public use while maintaining stricter control over its distribution and modification compared to traditional open source licenses. The document is particularly relevant in the Indian legal context, incorporating requirements from the Indian Copyright Act, 1957, Information Technology Act, 2000, and Indian Contract Act, 1872. It should be used when the software owner wants to promote collaboration and innovation while protecting their intellectual property interests through specific restrictions on usage, modification, or commercial exploitation. The license includes detailed terms for attribution, modification rights, distribution conditions, and compliance requirements, making it suitable for both domestic and international software distribution while ensuring enforceability under Indian law.
Suggested Sections

1. Parties: Identifies the licensor and defines the categories of potential licensees

2. Background: Explains the context of the software, its purpose, and the intent of the license

3. Definitions: Defines key terms used throughout the license, including 'Software', 'Derivative Works', 'Commercial Use', etc.

4. Grant of License: Specifies the rights granted to licensees, including usage, modification, and distribution rights

5. Restrictions: Details specific restrictions on use, modification, and distribution of the software

6. Copyright Notice: Requirements for maintaining copyright notices and attributions

7. Distribution Terms: Conditions for redistributing the software and derivative works

8. Termination: Circumstances under which the license may be terminated and consequences

9. Warranty Disclaimer: Disclaims warranties as permitted under Indian law

10. Limitation of Liability: Limits licensor's liability within bounds of Indian law

11. Governing Law: Specifies Indian law as governing law and jurisdiction

Optional Sections

1. Commercial Use Terms: Additional terms and conditions for commercial use of the software

2. Patent Claims: Handling of patent rights and claims related to the software

3. Export Control: Compliance requirements for international distribution

4. Data Privacy Compliance: Terms relating to data protection and privacy regulations

5. Contributor Terms: Rules and terms for third-party contributions to the software

6. Industry-Specific Provisions: Special terms for specific industries (e.g., healthcare, finance)

7. Network Use Provisions: Special terms for network or cloud-based usage of the software

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the software, including version number and components

2. Schedule B - Technical Requirements: Technical specifications and system requirements

3. Schedule C - Third-Party Components: List of third-party software components and their respective licenses

4. Schedule D - Approved Forms of Attribution: Required formats for copyright and attribution notices

5. Appendix 1 - Usage Guidelines: Detailed guidelines for permitted and restricted uses

6. Appendix 2 - Modification Requirements: Technical requirements and procedures for making modifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Information Technology

Software Development

Telecommunications

Financial Services

Healthcare Technology

Education Technology

Manufacturing

Research and Development

Defense Technology

E-commerce

Digital Media

Artificial Intelligence and Machine Learning

Relevant Teams

Legal

Software Development

Product Development

Compliance

Risk Management

Research and Development

Documentation

Open Source Program Office

Intellectual Property

Technical Architecture

Innovation

Relevant Roles

Chief Technology Officer

Software Development Manager

Legal Counsel

Intellectual Property Attorney

Software Engineer

Open Source Compliance Officer

Product Manager

Technology Risk Manager

Software Architect

Research Director

Innovation Manager

Licensing Manager

Technical Documentation Specialist

Development Team Lead

Industries







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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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