This Open Source EULA template is specifically designed for use in the Philippines, providing a comprehensive framework for software licensing while adhering to open source principles. The document is essential when distributing open source software in the Philippine market, ensuring compliance with local laws including the Intellectual Property Code (RA 8293), Data Privacy Act (RA 10173), and E-commerce Act (RA 8792). The EULA Open Source agreement balances the freedoms inherent in open source software with necessary legal protections, addressing key aspects such as usage rights, modification permissions, distribution terms, warranty disclaimers, and liability limitations. It's particularly relevant for organizations releasing software under open source licenses while maintaining legal compliance in the Philippine jurisdiction.
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1. Parties: Identifies the licensor (software provider) and licensee (end user), including their legal capacities and addresses
2. Background: Explains the context of the agreement, nature of the open source software, and purpose of the EULA
3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'Open Source', 'License', 'Derivative Works', etc.
4. Grant of License: Specifies the rights granted to the user under the open source license, including usage, modification, and distribution rights
5. Open Source Terms: Details the specific open source license terms and conditions, including attribution requirements and copyleft provisions
6. Acceptable Use: Outlines permitted and prohibited uses of the software
7. Intellectual Property Rights: Clarifies ownership of the software, contributions, and derivative works
8. Disclaimers and Warranties: States warranty disclaimers and limitations of liability in compliance with Philippine law
9. Term and Termination: Specifies the duration of the agreement and conditions for termination
10. Governing Law: Establishes Philippine law as the governing law and jurisdiction for disputes
1. Data Privacy and Protection: Required if the software collects or processes personal data, ensuring compliance with the Data Privacy Act of 2012
2. Third-Party Components: Needed if the software incorporates third-party libraries or components with different licensing terms
3. Export Controls: Include if the software may be subject to export restrictions or international distribution
4. Contribution Terms: Required if the agreement allows for user contributions to the software
5. Support and Updates: Optional section detailing any support services or update policies, if provided
6. Fees: Include if there are any charges associated with premium features or support services
1. Schedule A - Software Description: Detailed description of the software, including version number and components
2. Schedule B - Open Source License: Full text of the applicable open source license (e.g., GPL, MIT, Apache)
3. Schedule C - Third-Party Licenses: List of third-party components and their respective licenses
4. Appendix 1 - Installation and Usage Guidelines: Technical documentation for software installation and basic usage
5. Appendix 2 - Privacy Policy: Detailed privacy policy if the software processes personal data
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Telecommunications
Government and Public Sector
Research and Development
Professional Services
Relevant Teams
Legal
Information Technology
Software Development
Compliance
Risk Management
Product Development
Intellectual Property
Privacy and Data Protection
Open Source Program Office
Research and Development
Relevant Roles
Software Developer
Legal Counsel
Chief Technology Officer
Intellectual Property Lawyer
Open Source Compliance Officer
Software License Manager
IT Director
Chief Legal Officer
Product Manager
Development Team Lead
Software Architect
General Counsel
Privacy Officer
Compliance Manager
Technology Risk Manager
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