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I'm looking for a license to use in a software project that is developed by two parties. The MIT license looks like a good choice because both parties have full rights and few restrictions. Both parties could agree on not publishing the software without mutual consent. How could this mutual consent be formalized? Must the license be rewritten or is an additional contract for the restriction to non-public sufficient?

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    The MIT explicitly grants the right to " distribute, sublicense, and/or sell copies of the Software". If you don't want that, then the MIT license does seem to be a poor choice. – Polygnome Nov 13 '20 at 0:05
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If it would require private use, then it's not a free license.

Make your own license in that case.

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