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Open Source Licence Agreement Template for England and Wales

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Key Requirements PROMPT example:

Open Source Licence Agreement

"I need an Open Source Licence Agreement for my machine learning software that allows free use but requires users to share any improvements they make, and I want to ensure all contributions are properly documented and attributed."

Document background
An Open Source Licence Agreement is essential when organizations or individuals want to make their software freely available while maintaining certain controls and protections. This document, governed by English and Welsh law, defines how the software can be used, modified, and shared, while protecting the licensor's intellectual property rights and limiting their liability. It's particularly important for managing collaborative software development, ensuring compliance with open source principles, and establishing clear terms for both users and contributors.
Suggested Sections

1. Parties: Identification of licensor and potential licensees

2. Background: Context of the software and purpose of the licence

3. Definitions: Key terms used throughout the agreement

4. Grant of Licence: Scope and nature of the licence being granted

5. Intellectual Property Rights: Statement of ownership and IP rights

6. Permitted Uses: Allowed usage of the software

7. Restrictions: Limitations on use and prohibited activities

8. Distribution Rights: Terms for redistribution of the software

Optional Sections

1. Commercial Terms: Additional terms for dual-licensed software with commercial options - use when offering both open source and commercial licensing options

2. Support and Maintenance: Terms for technical support and updates - include when offering support services

3. Privacy and Data Protection: Data handling requirements and compliance measures - include when software processes personal data

4. Contributing: Terms for accepting contributions from the community - include when accepting external contributions

Suggested Schedules

1. Schedule 1 - Licensed Software: Detailed description of the software being licensed including version numbers and components

2. Schedule 2 - Third-Party Components: List of third-party libraries and their respective licenses

3. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

4. Appendix B - Contribution Guidelines: Guidelines and procedures for community contributions to the software

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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
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Industries

Copyright, Designs and Patents Act 1988: Primary UK legislation governing intellectual property rights, copyright protection, and licensing mechanisms. Essential for establishing the fundamental framework of software licensing.

Consumer Rights Act 2015: Regulates consumer protection, particularly relevant for warranty terms and liability limitations in software licensing when the end user may be a consumer.

Data Protection Act 2018 and UK GDPR: Governs the processing of personal data in the UK. Relevant when the licensed software processes personal data and must ensure compliance with data protection requirements.

Computer Programs Regulations 1992: Specific regulations implementing EU Software Directive, providing particular provisions for software protection in UK law.

Common Law of Contract: Fundamental principles of English contract law governing contract formation, consideration, and enforcement of contractual terms.

Enterprise Act 2002: Competition law framework ensuring licence terms do not create unfair market conditions or anti-competitive practices.

Competition Act 1998: Prohibits anti-competitive agreements and abuse of dominant market position, relevant for ensuring licence terms are compliant with competition law.

Berne Convention: International treaty governing copyright protection, ensuring automatic copyright protection across member states.

WIPO Treaties: International intellectual property protection standards that influence the framework of software licensing across borders.

Trade Marks Act 1994: Governs trademark protection and usage, relevant when the open source licence includes trademark provisions.

Patents Act 1977: Relevant for software-related patents and patent rights in open source licensing.

Electronic Commerce Regulations 2002: Regulations governing electronic commerce and digital transactions, relevant for online distribution of open source software.

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

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