This Free Software License is designed for use in Australia when organizations or individuals wish to release software under open source principles while maintaining compliance with Australian law. The document incorporates essential elements of free software licensing, including rights to use, modify, and distribute the software, while addressing specific requirements of Australian legislation such as the Copyright Act 1968, Competition and Consumer Act 2010, and relevant privacy laws. It provides necessary legal protections for both licensors and licensees, includes appropriate warranty disclaimers and liability limitations, and ensures compatibility with international free software standards while maintaining enforceability under Australian jurisdiction.
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1. Parties: Identifies the licensor (copyright holder) and the scope of licensees (users of the software)
2. Background: Explains the context of the software, its purpose, and the intent to provide it under free software terms
3. Definitions: Defines key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', and 'Distribution'
4. Grant of License: Specifies the rights granted to licensees, including rights to use, modify, and distribute the software
5. Scope of Rights: Details what users can and cannot do with the software, including modification and distribution rights
6. Conditions of Use: Outlines the conditions under which the license is granted, including attribution requirements
7. Distribution Requirements: Specifies conditions for redistributing the software, including source code availability
8. Disclaimer of Warranty: States that the software is provided 'as is' without warranties, in compliance with Australian law
9. Limitation of Liability: Limits the licensor's liability within the bounds of Australian consumer law
10. Termination: Describes how the license may be terminated and the consequences of termination
11. Governing Law: Specifies that the license is governed by Australian law and relevant jurisdiction
1. Patent Grant: Include when explicit patent rights need to be granted to users
2. Contribution Agreement: Include when accepting contributions from the community to define terms of submission
3. Export Controls: Include when software may be subject to export restrictions
4. Privacy Compliance: Include when software processes personal data or requires privacy compliance
5. Trademark Usage: Include when there are specific requirements for using associated trademarks
6. Commercial Use Provisions: Include when different terms apply to commercial versus non-commercial use
7. Network Use Provisions: Include when addressing use of software over a network or cloud services
1. Schedule A - Software Description: Detailed description of the software, including version number and components
2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses
3. Schedule C - Attribution Notices: Required attribution notices and copyright statements
4. Appendix A - Installation and Usage Guidelines: Technical documentation for software installation and usage
5. Appendix B - Modification Guidelines: Guidelines for making and submitting modifications to the software
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