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Dual Software License

Dual Software License Template for New Zealand

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Key Requirements PROMPT example:

Dual Software License

"I need a Dual Software License agreement for my AI analytics software that will be released commercially to enterprise clients while maintaining an open-source community version, with the commercial launch planned for March 2025."

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Document background
This Dual Software License agreement is designed for use in New Zealand when a software provider wishes to implement a dual licensing strategy for their software product. The document enables organizations to maintain both commercial and open-source versions of their software, providing flexibility in distribution while protecting intellectual property rights. It is particularly relevant when companies need to monetize their software while fostering community engagement through open-source initiatives. The agreement complies with New Zealand's legal framework, including the Copyright Act 1994 and Contract and Commercial Law Act 2017, and includes comprehensive terms for license grants, usage rights, support services, and liability provisions. This type of agreement is commonly used by software companies seeking to balance commercial interests with open-source community benefits.
Suggested Sections

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

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

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Grant of License: Specific rights granted under both commercial and open-source licenses

5. License Terms and Conditions: Detailed conditions for both license types, including usage restrictions and requirements

6. Commercial License Terms: Specific terms applicable to the commercial license, including pricing and usage limits

7. Open Source License Terms: Terms applicable to the open source license, including permitted uses and obligations

8. Intellectual Property Rights: Declaration of ownership and protection of IP rights

9. Payment Terms: Commercial license fees, payment schedule, and related financial terms

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Warranties and Disclaimers: Warranties provided and limitations of liability

12. Support and Maintenance: Terms for technical support and software maintenance

13. Confidentiality: Protection of confidential information and trade secrets

14. General Provisions: Standard legal provisions including governing law, dispute re红杏直播, and assignment

Optional Sections

1. Source Code Access: Terms for access to source code, used when source code access is granted under specific conditions

2. Contribution Agreement: Terms for accepting third-party contributions, used when allowing community contributions

3. Service Level Agreement: Specific performance metrics and service levels, used for enterprise licenses

4. Data Protection: Specific data handling requirements, used when software processes personal data

5. Export Controls: Export compliance terms, used for international licensing

6. Geographic Restrictions: Territory-specific terms, used when licenses are geographically limited

7. Third-Party Software: Terms relating to incorporated third-party software, used when relevant

8. Hardware Requirements: Specific hardware requirements or restrictions, used for hardware-dependent software

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software

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

3. Schedule 3 - Support Services: Details of support and maintenance services provided

4. Schedule 4 - Service Level Metrics: Performance standards and metrics for software operation

5. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the software

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

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

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

alex.den.21@genieai.co
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Relevant Industries

Information Technology

Software Development

Cloud Computing

Financial Services

Healthcare Technology

Education Technology

E-commerce

Telecommunications

Professional Services

Research and Development

Manufacturing

Digital Media

Relevant Teams

Legal

Software Development

Product Management

Compliance

Commercial Operations

Technical Support

Business Development

Risk Management

Information Technology

Intellectual Property

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Intellectual Property Lawyer

Commercial Director

Product Manager

Licensing Manager

Open Source Compliance Officer

Software Engineer

Business Development Manager

Contract Administrator

IT Director

Technology Consultant

Risk Manager

Industries







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