This Open Source Agreement is designed for use in Qatar when organizations or individuals wish to release software under open source terms while ensuring compliance with local laws. The document is particularly relevant in the context of Qatar's growing technology sector and increasing focus on digital transformation. It provides a legal framework that balances the principles of open source software distribution with Qatar's legal requirements, including compliance with Law No. 7 of 2002 on Protection of Copyright and Related Rights and Law No. 16 of 2010 on Electronic Commerce and Transactions. The agreement includes essential provisions for software licensing, modification rights, distribution terms, and contributor obligations, while incorporating necessary protections and limitations as required under Qatar law.
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1. Parties: Identification of the licensor and initial licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the open source licensing
3. Definitions: Key terms including 'Software', 'Source Code', 'Derivative Works', 'Contributor', 'Distribution', and other relevant terms
4. Grant of License: Scope of rights granted, including use, modification, and distribution rights under open source principles
5. License Conditions: Conditions for using, modifying, and distributing the software, including attribution requirements
6. Intellectual Property Rights: Statement of ownership and intellectual property rights in accordance with Qatar law
7. Distribution Requirements: Rules and requirements for redistributing the software and derivative works
8. Contributor Provisions: Rights and obligations of contributors to the software
9. Representations and Warranties: Limited warranties provided by the licensor, adapted to Qatar law requirements
10. Limitation of Liability: Limitations on liability permitted under Qatar law
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Governing Law and Jurisdiction: Specification of Qatar law as governing law and jurisdiction provisions
1. Patent Rights: Additional section for software that may involve patent rights, specifying patent license grants and restrictions
2. Commercial Use Provisions: Additional terms for cases where commercial use is specifically addressed
3. Export Control: Required when the software may be subject to export control regulations
4. Data Protection: Required when the software processes personal data, ensuring compliance with Qatar's data protection laws
5. Support and Maintenance: Optional terms regarding any support or maintenance provisions, usually disclaiming any obligations
6. Compliance with Islamic Law: Additional provisions ensuring compliance with Islamic law principles where relevant to the software's use or distribution
1. Schedule 1 - Software Description: Detailed description of the software, including all components and dependencies
2. Schedule 2 - Third-Party Components: List of third-party software components and their respective licenses
3. Schedule 3 - Required Notices: Copyright and attribution notices that must be included in distributions
4. Appendix A - Acceptable License Terms: List of compatible open source licenses for derivative works
5. Appendix B - Distribution Requirements: Technical requirements and procedures for software distribution
6. Appendix C - Contribution Guidelines: Guidelines and procedures for submitting contributions to the software
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