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.
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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
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
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
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
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