The Dual Software License agreement is designed for software providers who wish to maintain both commercial and open source distribution channels in the United States market. This contract type allows organizations to monetize their software through commercial licensing while simultaneously fostering open source community engagement. The document addresses key aspects including intellectual property rights, usage restrictions, warranty terms, and liability limitations, complying with federal and state software licensing regulations. It's particularly relevant for companies transitioning from purely open source to hybrid business models.
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1. Parties: Identification of licensor and licensee
2. Background: Context of the agreement and purpose of the dual license structure
3. Definitions: Key terms used throughout the agreement
4. License Grant: Detailed terms of both license types and conditions for each
5. License Restrictions: Limitations and prohibited uses under each license type
6. Intellectual Property Rights: Ownership and protection of IP
7. Term and Termination: Duration and termination conditions for each license type
1. Export Controls: Required if software may be exported internationally
2. Source Code Escrow: Terms for source code protection and escrow arrangements for enterprise/commercial licenses
3. Data Protection: Privacy and data handling provisions for software processing personal data
1. Schedule A - Licensed Software: Detailed description of software components and versions
2. Schedule B - License Fees: Pricing and payment terms for commercial license
3. Schedule C - Support Services: Details of technical support and maintenance
4. Appendix 1 - Open Source Components: List of open source components and applicable licenses
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