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Open Source EULA

Open Source EULA Template for Hong Kong

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Key Requirements PROMPT example:

Open Source EULA

"I need an Open Source EULA under Hong Kong law for my machine learning software library that will be released in March 2025, with specific provisions for commercial use restrictions and protection of our AI model training data."

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Document background
This Open Source EULA is essential for software providers distributing open source software in Hong Kong or choosing Hong Kong law as their governing law. The document serves as a legal framework that protects both the software provider's interests and users' rights while maintaining compliance with open source principles. It includes critical provisions regarding software usage, modification rights, redistribution terms, warranty disclaimers, and liability limitations, all structured in accordance with Hong Kong legal requirements. This agreement is particularly important for maintaining legal clarity in open source software distribution while ensuring protection under Hong Kong's Copyright Ordinance and related legislation.
Suggested Sections

1. Parties: Identification of the licensor and specification of eligible licensees

2. Background: Context of the software, its purpose, and the open source nature of the license

3. Definitions: Key terms used throughout the EULA, including 'Software', 'Open Source Components', 'Derivative Works', etc.

4. Grant of License: Scope of the license grant, including rights to use, modify, and distribute the software

5. Open Source Terms: Specific open source license terms and conditions, including any applicable license type (e.g., MIT, GPL)

6. Acceptable Use: Permitted and prohibited uses of the software

7. Intellectual Property Rights: Statement of ownership and IP rights protection

8. Distribution Rights: Terms governing redistribution of the software and derivative works

9. Disclaimer of Warranties: Limited warranties and disclaimers compliant with Hong Kong law

10. Limitation of Liability: Limitations on liability under Hong Kong law

11. Term and Termination: Duration of the agreement and termination conditions

12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction

Optional Sections

1. Data Protection: Required if the software collects or processes personal data, ensuring compliance with Hong Kong's PDPO

2. Third Party Software: Required if the software incorporates third-party components not under the same open source license

3. Export Controls: Required if the software is subject to export control regulations

4. Support and Updates: Optional section detailing any support services or update policies

5. Contribution Terms: Required if accepting community contributions, defining terms for user contributions

6. Commercial Use Restrictions: Required if there are specific terms for commercial usage

7. Audit Rights: Optional section for cases requiring compliance verification

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, including version number and components

2. Schedule 2 - Open Source Components: List of all open source components and their respective licenses

3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications

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

5. Appendix B - Privacy Policy: If applicable, detailed privacy policy for personal data handling

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Technology

Software Development

Open Source Software

Information Technology

Digital Services

Cloud Computing

FinTech

Healthcare Technology

Education Technology

Enterprise Software

Mobile Applications

Relevant Teams

Legal

Software Development

Compliance

Risk Management

Product Management

Information Technology

Intellectual Property

Technical Operations

Open Source Program Office

Research and Development

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Software Architect

Open Source Compliance Manager

Product Manager

Technical Director

Legal Operations Manager

Development Team Lead

Chief Legal Officer

IT Manager

Software Licensing Specialist

Risk Management Officer

Open Source Program Manager

Industries







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