Open Source Licence Agreement Template for United States

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Key Requirements PROMPT example:

Open Source Licence Agreement

"I need an Open Source License Agreement for our enterprise-level machine learning software that we plan to release in March 2025, with specific provisions for commercial use and patent protection while ensuring compatibility with other major open source licenses."

Document background
The Open Source License Agreement is a crucial legal document used when organizations or individuals want to make their software freely available for use, modification, and distribution while maintaining certain controls and protections. This agreement, structured under United States law, balances the open source philosophy of collaborative development with necessary legal safeguards. It includes detailed provisions for intellectual property rights, warranty disclaimers, liability limitations, and contribution terms. The document is particularly important for software projects that seek community involvement while maintaining legal clarity and protecting all parties' interests. It addresses key aspects such as patent rights, trademark usage, and compliance requirements, making it suitable for both simple open source projects and complex software distributions with multiple contributors.
Suggested Sections

1. Parties: Identification of the licensor (copyright holder) and definition of licensee (users of the software)

2. Background: Context of the software, its purpose, and the intent to make it available as open source

3. Definitions: Key terms used throughout the agreement, including 'Software', 'Source Code', 'Derivative Works', 'Contribution', etc.

4. Grant of License: Core license terms, including rights to use, modify, and distribute the software

5. Intellectual Property Rights: Statement of ownership and retention of rights by the licensor

6. Distribution Terms: Conditions and obligations for redistributing the software or derivative works

7. Contributor License: Terms governing contributions made to the software by third parties

8. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranty

9. Limitation of Liability: Limitations on licensor's liability for damages

10. Termination: Conditions under which the license may be terminated and consequences of termination

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and severability

Optional Sections

1. Patent License: Explicit patent license grants and terms, used when the software may involve patented technology

2. Trademark Usage: Guidelines for using the project's trademarks, needed when the software has associated branded elements

3. Export Compliance: Export control provisions, required when the software contains encryption or regulated technology

4. Government Users: Special terms for government users, needed when targeting government adoption

5. Commercial Distribution: Additional terms for commercial redistribution, used when allowing commercial use with specific conditions

6. Network Use: Terms specific to network or cloud deployment, relevant for software that can be provided as a service

7. Privacy and Data Collection: Terms regarding data collection and privacy, needed if the software collects or processes user data

Suggested Schedules

1. Schedule A - Licensed Software: Detailed description of the software components covered by the license

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 included in distributions

4. Appendix A - Compatible Licenses: List of open source licenses compatible with this license

5. Appendix B - Contribution Agreement: Standard contribution agreement form for contributors

6. Appendix C - Change Log: Version history and modifications to the license terms

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Technology

Software Development

Information Technology

Telecommunications

Healthcare Technology

Financial Technology

Educational Technology

Gaming and Entertainment

Research and Development

Defense and Government

Artificial Intelligence

Cloud Computing

Internet of Things

Cybersecurity

Open Source Software

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Product Development

Risk Management

Documentation

Intellectual Property

Open Source Program Office

Research and Development

Relevant Roles

General Counsel

Intellectual Property Attorney

Software Developer

Chief Technology Officer

Open Source Program Manager

Legal Compliance Officer

Software Architect

Development Team Lead

Product Manager

Chief Information Officer

Licensing Manager

Technical Documentation Writer

Risk Management Officer

Innovation Director

Software Project Manager

Industries
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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