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Restrictive Open Source License Template for South Africa

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Key Requirements PROMPT example:

Restrictive Open Source License

"I need a Restrictive Open Source License for my machine learning software that allows academic and research use but restricts commercial applications and requires all modifications to be shared back with our organization by March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions













































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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

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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