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Open Source Software Licence for the United Kingdom

Open Source Software Licence Template for England and Wales

An Open Source Software License under English and Welsh law is a legal agreement that grants permissions to use, modify, and distribute software freely while protecting the original author's rights. It establishes terms for copying, modifying, and redistributing the software, including requirements for attribution, liability limitations, and warranty disclaimers. The license ensures compliance with UK copyright law while maintaining the principles of open source software distribution.

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Open Source Software Licence

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What is a Open Source Software Licence?

The Open Source Software License is essential for developers and organizations releasing software under open source principles in the UK. This license type combines the requirements of English and Welsh law with established open source principles, providing clear terms for software distribution, modification, and reuse. It addresses key aspects such as copyright protection, liability limitations, and user obligations while ensuring compliance with UK legal requirements. The license is particularly important when organizations want to make their software freely available while maintaining certain controls and protections.

What sections should be included in a Open Source Software Licence?

1. Parties: Identifies the licensor and potential licensees

2. Background: Explains the nature of the software and purpose of the license

3. Definitions: Defines key terms used throughout the license

4. Grant of License: Specifies the rights being granted to use, modify, and distribute the software

5. Restrictions: Outlines limitations on use and distribution

6. Copyright Notices: Requirements for maintaining copyright and attribution notices

7. Disclaimer of Warranty: Disclaims warranties and guarantees regarding the software

8. Limitation of Liability: Limits the licensor's liability

What sections are optional to include in a Open Source Software Licence?

1. Patent Grant: Additional section covering patent rights when the software may be covered by patents

2. Contributor Agreement: Terms for accepting contributions from third parties, used when expecting community contributions

3. Commercial Use Provisions: Special terms for commercial usage, included when differentiating between commercial and non-commercial use

What schedules should be included in a Open Source Software Licence?

1. Schedule 1: Licensed Software: Detailed description of the software components covered

2. Schedule 2: Third-Party Components: List of third-party software components and their respective licenses

3. Appendix A: Acceptable Use Policy: Detailed guidelines for acceptable use of the software

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Lien Notice

Cost

Free to use
Relevant legal definitions



























Clauses




























Industries

Copyright, Designs and Patents Act 1988: Primary legislation governing software protection as literary works, moral rights provisions, duration of copyright protection, and permitted acts/exceptions

Consumer Rights Act 2015: Legislation covering consumer-facing aspects of software, including terms regarding quality, fitness for purpose, and fairness requirements for contract terms

Data Protection Act 2018 and UK GDPR: Legal framework for data protection, covering personal data processing, privacy considerations, and data protection requirements in software

Electronic Commerce Regulations 2002: Regulations governing electronic distribution of software, including information requirements and formation of electronic contracts

Competition Law: Legal framework preventing anti-competitive practices and considering EU retained law post-Brexit

Contract Law Principles: Common law principles covering contract formation, consideration, terms and conditions, and liability limitations

International Legal Considerations: Framework for ensuring compatibility with other jurisdictions and cross-border enforcement of the license

Industry Standards: Open Source Initiative (OSI) guidelines and compatibility requirements with common open source licenses

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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