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Open Source EULA Template for India

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Key Requirements PROMPT example:

Open Source EULA

"I need an Open Source EULA for my machine learning software that will be distributed primarily to Indian educational institutions and research organizations, with specific provisions for academic use and data handling compliance by March 2025."

Document background
This Open Source EULA template is designed for software providers distributing open source software within India's jurisdiction. It should be used when releasing software under open source licenses while maintaining certain controls and protections under Indian law. The document incorporates essential elements of Indian IT legislation, including the Information Technology Act, 2000, and addresses key aspects such as intellectual property rights, liability limitations, and user obligations. The agreement is particularly relevant for software distributed freely with source code access, whether for commercial or non-commercial purposes. It includes provisions for software modification, redistribution rights, and contributor obligations, while ensuring compliance with Indian legal requirements for digital contracts and consumer protection.
Suggested Sections

1. Parties: Identification of the licensor (software provider) and licensee (end user)

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

3. Definitions: Key terms used throughout the agreement including Software, Open Source, License, Modifications, etc.

4. Grant of License: Scope of the license, open source terms, and permitted uses of the software

5. Acceptance of Terms: How and when the user accepts the terms of the EULA

6. License Restrictions: Limitations on use, distribution, and modification of the software

7. Open Source Components: Declaration of open source elements and applicable licenses

8. Intellectual Property Rights: Statement of ownership and IP rights retention

9. User Obligations: User responsibilities regarding software use and distribution

10. Disclaimers: Warranty disclaimers and limitation of liability

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

12. Governing Law: Application of Indian law and jurisdiction

13. Dispute Resolution: Process for resolving disputes under Indian law

Optional Sections

1. Data Collection and Privacy: Include when the software collects or processes user data, addressing compliance with Indian data protection rules

2. Export Controls: Include when software may be subject to export restrictions

3. Support and Updates: Include when offering specific support services or update policies

4. Commercial Distribution: Include when allowing commercial redistribution of the software

5. Contribution Terms: Include when accepting user contributions to the software

6. Third Party Software: Include when incorporating third-party components beyond standard open source libraries

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the software, its components, and functionality

2. Schedule B - Open Source Licenses: List of all open source licenses applicable to different components

3. Schedule C - Installation and System Requirements: Technical requirements and installation instructions

4. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

5. Appendix 2 - Privacy Policy: Detailed privacy policy if data collection is involved

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

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Relevant Industries

Information Technology

Software Development

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Telecommunications

Research and Development

Government and Public Sector

Digital Media

Consulting Services

Relevant Teams

Legal

Software Development

Information Technology

Compliance

Risk Management

Product Development

Intellectual Property

Operations

Information Security

Corporate Governance

Relevant Roles

Legal Counsel

Software Developer

Chief Technology Officer

Intellectual Property Manager

Compliance Officer

Software Licensing Manager

Open Source Program Manager

Product Manager

Chief Information Officer

Legal Operations Manager

Software Development Manager

IT Director

Risk Management Officer

Industries







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

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