This Open Software License template is designed for software developers, organizations, and copyright holders operating under Austrian jurisdiction who wish to distribute their software under open source terms. The document incorporates essential elements of Austrian copyright law (Urheberrechtsgesetz), contract law (ABGB), and relevant EU regulations, while maintaining alignment with international open source principles. It is particularly suitable for projects that require clear legal framework for source code distribution, modification rights, and contribution management, while ensuring compliance with Austrian legal requirements. The license addresses specific Austrian legal considerations regarding warranty disclaimers, liability limitations, and jurisdictional provisions, making it appropriate for both domestic and international software distribution.
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1. Parties: Identification of the licensor (copyright holder) and the scope of potential licensees
2. Background: Context of the software, its purpose, and the intent to provide it under open source terms
3. Definitions: Key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', 'Distribution', and 'Contribution'
4. Grant of Rights: The specific rights granted to licensees, including use, modification, and distribution rights
5. Conditions of Use: Requirements that licensees must follow when using, modifying, or distributing the software
6. Intellectual Property Rights: Assertion of copyright ownership and handling of patents and trademarks
7. Distribution Obligations: Requirements for redistributing the software, including source code availability and license terms preservation
8. Disclaimer of Warranty: Explicit disclaimer of warranties as typical in open source licenses
9. Limitation of Liability: Limitations on the licensor's liability under Austrian law
10. Term and Termination: Duration of the license and conditions for termination
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Contributor License: Terms for accepting and managing third-party contributions to the software, used when the project accepts external contributions
2. Patent License: Explicit patent license grants and patent litigation termination provisions, included when patent rights are a concern
3. Trademark Usage: Rules for using associated trademarks, needed when the software has associated branded elements
4. Privacy and Data Protection: GDPR compliance provisions, required when the software processes personal data
5. Export Controls: Export regulation compliance terms, needed for software with international distribution
6. Commercial Use Provisions: Additional terms for commercial use, included in dual-licensing scenarios
7. Network Use Clause: Provisions for software used in network services, similar to AGPL provisions
1. Schedule A - Software Description: Detailed description of the software, including components and version information
2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses
3. Schedule C - Required Notices: Copyright and attribution notices that must be preserved
4. Appendix 1 - Source Code Availability: Information on how to obtain the source code
5. Appendix 2 - Contribution Guidelines: Procedures and requirements for submitting contributions
6. Appendix 3 - Compatible Licenses: List of licenses compatible for use with dependent components
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology
Open Source Software
Healthcare Technology
Financial Technology
Educational Technology
Gaming and Entertainment
Enterprise Software
Mobile Applications
Cloud Computing
Internet of Things
Artificial Intelligence and Machine Learning
Cybersecurity
Relevant Teams
Legal
Software Development
Compliance
Information Technology
Product Development
Intellectual Property
Risk Management
Open Source Program Office
Research and Development
Quality Assurance
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Attorney
Chief Technology Officer
Open Source Compliance Officer
Software Architect
Product Manager
Development Team Lead
Chief Information Officer
Licensing Manager
Software Project Manager
Chief Legal Officer
Innovation Director
Technology Compliance Manager
Software Distribution Manager
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