The Open Source Agreement is essential for software developers and organizations in Indonesia who wish to release their software under open-source terms while ensuring compliance with local laws. This document becomes necessary when creators want to make their software freely available for use, modification, and distribution while protecting their rights and limiting their liability. The agreement incorporates specific requirements of Indonesian legislation, particularly the Copyright Law and ITE Law, while aligning with global open-source practices. It addresses crucial aspects such as intellectual property rights, contribution guidelines, warranty disclaimers, and liability limitations, making it suitable for both individual developers and organizations releasing software under open-source licenses.
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1. Parties: Identification of the licensor and potential licensees
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement including 'Software', 'Source Code', 'Derivative Works', 'Contribution'
4. Grant of License: Scope of the license, permissions granted to users
5. Restrictions: Limitations on the use of the software and conditions of the license
6. Distribution: Terms governing redistribution of the software
7. Intellectual Property Rights: Statement of ownership and IP rights retention
8. Contributions: Terms governing contributions to the software from users
9. Disclaimer of Warranty: Disclaimer of warranties and representations regarding the software
10. Limitation of Liability: Limitations on liability for damages
11. Term and Termination: Duration of the agreement and termination conditions
12. Compliance with Laws: Obligation to comply with applicable laws and regulations
13. General Provisions: Miscellaneous legal provisions including governing law, jurisdiction
1. Patent Grant: Explicit patent license terms, used when the software may involve patented technologies
2. Trademark Usage: Rules for using associated trademarks, needed when the software has associated branded elements
3. Export Controls: Export compliance provisions, required for software with international distribution
4. Data Protection: Provisions regarding personal data handling, needed when software processes user data
5. Compatibility Requirements: Requirements for compatibility with other software, needed for software with dependencies
6. Support and Updates: Terms regarding software support and updates, if any are provided
7. Commercial Use: Additional terms for commercial use, needed if different conditions apply to commercial users
1. Schedule A - Software Description: Detailed description of the software, its components and functionality
2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses
3. Schedule C - Documentation: Technical documentation, user manuals, and other related materials
4. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix 2 - Contribution Guidelines: Detailed procedures and standards for making contributions
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology
Digital Media
E-commerce
Financial Services
Healthcare Technology
Education Technology
Gaming
Telecommunications
Relevant Teams
Legal
Software Development
Product Development
Compliance
Risk Management
Intellectual Property
Research and Development
Technical Operations
Information Security
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Lawyer
Chief Technology Officer
Software Architect
Development Team Lead
Open Source Compliance Officer
Product Manager
Technical Director
Legal Operations Manager
IP Rights Manager
Software License Compliance Manager
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