The Common Development and Distribution License (CDDL) is designed for use in open source software projects where multiple parties may contribute to and distribute software under Irish jurisdiction. This license agreement is particularly suitable for projects that require a balance between open source principles and commercial interests, ensuring compliance with Irish intellectual property law, EU data protection regulations, and consumer protection requirements. The document provides comprehensive coverage of development rights, distribution obligations, contributor provisions, and liability limitations, while maintaining alignment with both international open source practices and Irish legal frameworks. It is specifically structured to address the unique aspects of Irish contract law and European Union regulations that affect software licensing and distribution.
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1. Parties: Identification of the licensor and initial licensee
2. Background: Context of the agreement and purpose of the license
3. Definitions: Detailed definitions of terms used throughout the license, including 'Original Software', 'Modifications', 'Covered Software', etc.
4. License Grants: Core license terms and rights granted under CDDL
5. Distribution Obligations: Requirements and conditions for distributing the software
6. Modifications: Terms governing modifications to the original software
7. Development Provisions: Rules and requirements for software development under the license
8. Contributor Provisions: Rights and obligations of contributors to the software
9. GDPR Compliance: Data protection and privacy compliance requirements
10. Representations and Warranties: Statements about the software and limitations of warranties
11. Limitation of Liability: Scope of liability limitations under Irish law
12. Term and Termination: Duration of the license and termination conditions
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Patent Provisions: Additional terms regarding patent rights and licenses - include when patent rights are relevant to the software
2. Commercial Distribution: Additional terms for commercial distribution - include when software may be distributed commercially
3. Specific Technology Requirements: Requirements for specific technologies or platforms - include when software is platform-specific
4. Trademark Usage: Terms governing use of associated trademarks - include when relevant trademarks exist
5. Export Controls: Compliance with export regulations - include when international distribution is anticipated
6. Government End Users: Special provisions for government users - include when government use is expected
7. Third Party Software: Terms regarding incorporated third-party software - include when third-party components are present
1. Schedule 1 - Original Software Description: Detailed description of the original software covered by the license
2. Schedule 2 - Technical Requirements: Technical specifications and requirements for development and distribution
3. Schedule 3 - Contribution Agreement: Standard form of contributor agreement
4. Schedule 4 - Notice Requirements: Required notices and attributions for software distribution
5. Schedule 5 - Compatible Licenses: List of licenses compatible with this CDDL
6. Appendix A - Source Code Notice Template: Template for required source code notices
7. Appendix B - Distribution Documentation: Required documentation for software distribution
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