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Open Source Software License for Austria

Open Source Software License Template for Austria

An Open Source Software License agreement drafted under Austrian law that establishes the terms and conditions for the use, modification, and distribution of software. This document incorporates requirements from the Austrian Copyright Act (Urheberrechtsgesetz) and Civil Code (ABGB) while maintaining compatibility with international open source principles. It includes provisions for copyright protection, usage rights, modification permissions, distribution requirements, warranty disclaimers, and liability limitations, all structured to comply with Austrian legal requirements while fostering open collaboration and innovation in software development.

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What is a Open Source Software License?

This Open Source Software License is designed for use in the Austrian legal context while maintaining international applicability. It provides a comprehensive framework for software developers and organizations to release their software under open source terms while ensuring compliance with Austrian copyright law, civil code, and relevant EU regulations. The license is particularly useful when entities want to make their software freely available for use, modification, and distribution while retaining certain protections and ensuring proper attribution. It includes specific provisions required under Austrian law regarding warranty disclaimers and liability limitations, while maintaining compatibility with common open source principles. This document is essential for any organization or individual looking to release software under open source terms within the Austrian jurisdiction.

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

1. Preamble: Introduction explaining the purpose and spirit of the open source license

2. Definitions: Clear definitions of key terms used throughout the license, including 'Software', 'Derivative Works', 'Contribution', and 'Distribution'

3. Grant of Rights: Explicit grant of copyright and patent rights under Austrian law, including rights to use, modify, and distribute the software

4. Conditions of Use and Distribution: Requirements that must be met when using, modifying, or distributing the software

5. Attribution Requirements: Specifications for how copyright notices, attributions, and license terms must be maintained

6. Modifications and Derivative Works: Rules governing how the software can be modified and requirements for derivative works

7. Distribution of Source Code: Requirements for making source code available and conditions for distribution

8. Warranty Disclaimer: Warranty disclaimers in compliance with Austrian consumer protection laws

9. Limitation of Liability: Limitations on liability in accordance with 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

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

1. Patent Claims: Additional section dealing with patent rights and claims, relevant when the software may be subject to patent protection

2. Contributor License: Terms governing contributions to the software, needed when accepting third-party contributions

3. Commercial Use Provisions: Special provisions for commercial use, relevant for dual-licensing schemes

4. Export Control: Compliance requirements for international distribution, relevant when software contains cryptography or other regulated technologies

5. Data Protection Compliance: GDPR and Austrian DSG compliance requirements, needed when software processes personal data

6. Network Use Provisions: Additional terms for software used over a network, relevant for addressing the ASP loophole

7. Trademark Use: Guidelines for using associated trademarks, needed when the software includes branded elements

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

1. Schedule A - Licensed Software: Detailed description of the software covered by the license, including version numbers and components

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

3. Schedule C - Notice Text: Required copyright notices and attributions that must be included in distributions

4. Appendix A - How to Apply the License: Instructions for applying the license to new software

5. Appendix B - Version History: Documentation of license versions and changes

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

Open Source Technology

Cloud Computing

Artificial Intelligence

Internet of Things

Enterprise Software

Mobile Applications

Financial Technology

Healthcare Technology

Educational Technology

Gaming and Entertainment

Telecommunications

Cybersecurity

Digital Media

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Research and Development

Product Management

Open Source Program Office

Intellectual Property

Risk Management

Engineering

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Attorney

Chief Technology Officer

Open Source Program Manager

Software Architect

Development Team Lead

Compliance Officer

Product Manager

Chief Information Officer

Technology Director

Software License Manager

IP Rights Manager

General Counsel

Research and Development Director

Industries







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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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