This Restrictive Open Source License is designed for organizations seeking to release their software under open source terms while maintaining specific controls over its use and distribution. The document is particularly suitable for companies operating under Dutch jurisdiction who want to share their code while protecting certain commercial interests or ensuring specific usage parameters. It includes comprehensive provisions for source code sharing, modification rights, and distribution terms, while incorporating restrictions that may limit commercial use, specific industry applications, or geographic deployment. The license ensures compliance with Dutch legal requirements and EU regulations while maintaining the fundamental principles of open source software distribution. This template should be used when standard permissive open source licenses don't provide sufficient protection for the licensor's interests, but a fully proprietary license would be too restrictive.
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1. Parties: Identifies the licensor (copyright holder) 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 including 'Software', 'Derivative Works', 'Commercial Use', 'Contribution', and other license-specific terms
4. Grant of Rights: Specifies the rights granted to licensees, including use, modification, and distribution rights
5. Restrictions: Details specific restrictions on the use, modification, and distribution of the software
6. Distribution Obligations: Requirements for redistributing the software, including source code availability and license terms preservation
7. Disclaimer of Warranty: Warranty disclaimers and limitations of liability under Dutch law
8. Termination: Conditions under which the license may be terminated and consequences of termination
9. Intellectual Property: Assertions of ownership and intellectual property rights
10. Governing Law: Specification of Dutch law as governing law and jurisdiction provisions
1. Commercial Use Terms: Additional terms and conditions specific to commercial use, when the license includes commercial use restrictions
2. Patent Claims: Specific provisions regarding patent rights and claims, when relevant to the software
3. Contribution Guidelines: Terms governing third-party contributions to the software, when accepting external contributions
4. Export Controls: Compliance requirements with export regulations, when software may be subject to export controls
5. Data Protection: GDPR compliance terms, when software processes personal data
6. Network Use: Additional terms for network or cloud deployment, when relevant to the software's intended use
7. Geographic Restrictions: Terms limiting use in specific regions, when such restrictions are desired
8. Industry-Specific Restrictions: Terms limiting use in specific industries, when such restrictions are desired
1. Schedule A - Software Description: Detailed technical description of the licensed software components and functionality
2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses
3. Schedule C - API Documentation: Documentation of APIs and interfaces that are subject to specific usage restrictions
4. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix 2 - Commercial Terms: Specific terms and conditions for commercial usage, including any required payments or notifications
6. Appendix 3 - Modification Guidelines: Technical guidelines and requirements for permitted modifications
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