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Open Source License Agreement for Austria

Open Source License Agreement Template for Austria

An Open Source License Agreement governed by Austrian law that establishes the terms and conditions for the use, modification, and distribution of software under open source principles. This document ensures compliance with Austrian copyright law (Urheberrechtsgesetz) while maintaining the open source nature of the software. It includes provisions for intellectual property rights, warranty disclaimers, liability limitations, and distribution requirements, all structured to comply with Austrian legal requirements and EU regulations. The agreement balances the protection of the original author's rights with the freedom typically associated with open source software.

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What is a Open Source License Agreement?

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.

What sections should be included in a Open Source License Agreement?

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

What sections are optional to include in a Open Source License Agreement?

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

What schedules should be included in a Open Source License Agreement?

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

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

Austria

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
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

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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