This Open Source License Agreement is designed for use in scenarios where software developers or organizations wish to make their software freely available for use, modification, and distribution while maintaining certain controls and protections under Austrian law. The document is particularly relevant when releasing software to the public domain while ensuring compliance with Austrian copyright law (Urheberrechtsgesetz) and relevant EU regulations. It includes essential provisions for intellectual property protection, usage rights, modification permissions, distribution requirements, warranty disclaimers, and liability limitations. The agreement is structured to be compatible with international open source principles while incorporating specific requirements of Austrian jurisdiction, making it suitable for both domestic and international use.
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1. Parties: Identifies the licensor and defines the users/licensees (typically 'any person obtaining a copy of the software')
2. Background: Explains the context of the software, its open source nature, and the purpose of the agreement
3. Definitions: Defines key terms including 'Software', 'Derivative Works', 'Contribution', 'Distribution', and other license-specific terms
4. License Grant: Specifies the rights granted under the open source license, including use, modification, and distribution rights
5. License Conditions: States conditions for using, modifying, and distributing the software, including attribution requirements
6. Intellectual Property Rights: Confirms the ownership of the original code and derivative works
7. Distribution Obligations: Details requirements for redistributing the software, including source code availability
8. Disclaimer of Warranty: Standard warranty disclaimers compliant with Austrian law
9. Limitation of Liability: Liability limitations structured to comply with Austrian legal requirements
10. Term and Termination: Describes license duration and conditions for termination
11. Governing Law and Jurisdiction: Specifies Austrian law as governing law and sets jurisdiction for disputes
1. Patent License: Include when the software may involve patent rights that need to be explicitly licensed
2. Contribution Guidelines: Include when accepting community contributions to define terms for submitted modifications
3. Trademark Usage: Include when there are specific trademark rights that need protection
4. Export Control: Include when the software may be subject to export restrictions
5. Data Protection: Include when the software processes personal data and needs GDPR compliance provisions
6. Third Party Components: Include when the software incorporates other open source components
7. Commercial Distribution: Include when allowing commercial distribution with specific terms
8. Compliance with Standards: Include when the software must comply with specific technical or industry standards
1. Schedule 1 - Software Description: Detailed description of the licensed software, including version number and components
2. Schedule 2 - Third Party Licenses: List of third-party components and their respective licenses
3. Schedule 3 - Required Notices: Copyright notices and attributions that must be included in distributions
4. Appendix A - Acceptable License Terms: Approved license terms for derivative works
5. Appendix B - Contribution Agreement: Standard contribution terms for community submissions
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Education
Research & Development
Healthcare Technology
Financial Technology
Government & Public Sector
Manufacturing
Automotive
Energy & Utilities
Media & Entertainment
Retail Technology
Biotechnology
Aerospace & Defense
Relevant Teams
Legal
Software Development
Information Technology
Product Management
Quality Assurance
Documentation
Compliance
Risk Management
Intellectual Property
Open Source Program Office
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Attorney
Chief Technology Officer
Open Source Compliance Manager
Software Architect
Development Team Lead
Project Manager
Quality Assurance Manager
Product Manager
IT Director
Chief Information Officer
Licensing Manager
Risk Manager
Technical Documentation Specialist
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