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EULA Open Source

EULA Open Source Template for Switzerland

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Key Requirements PROMPT example:

EULA Open Source

"I need an Open Source EULA for our enterprise analytics software that we're releasing in March 2025, which includes both proprietary algorithms and open source components, to be governed by Swiss law with specific provisions for commercial usage and data protection compliance."

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Document background
This EULA Open Source agreement is designed for software developers and organizations releasing software under open source licenses in Switzerland or choosing Swiss law as the governing law. The document serves as a comprehensive legal framework that balances open source principles with Swiss legal requirements, particularly the Swiss Code of Obligations and Copyright Act. It is specifically structured to protect both the rights of software creators and users while maintaining the open nature of the software. The agreement includes essential provisions for software distribution, modification rights, warranty disclaimers, and liability limitations, all tailored to comply with Swiss law. This document is particularly relevant when releasing software that will be freely available for use, modification, and redistribution, while still maintaining certain protections and requirements for the original creators.
Suggested Sections

1. Parties: Identification of the licensor and the scope of potential licensees/end users

2. Background: Context of the software, its purpose, and the intent of the open source licensing

3. Definitions: Key terms used throughout the agreement, including technical terms and licensing concepts

4. Grant of License: Specific rights granted under the open source license, including use, modification, and distribution rights

5. Acceptance of Terms: How users indicate acceptance of the license terms, including click-through or usage-based acceptance

6. Permitted Uses and Restrictions: Detailed explanation of allowed uses and limitations on the software

7. Open Source Components: Description of third-party open source components and their respective licenses

8. Intellectual Property Rights: Statement of ownership and intellectual property rights retention

9. Distribution Rights: Terms governing redistribution of the software and modifications

10. Disclaimer of Warranties: Limitations on warranties in compliance with Swiss law and open source principles

11. Limitation of Liability: Scope of liability limitations under Swiss law

12. Termination: Conditions under which the license may be terminated and consequences

13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction

14. General Provisions: Miscellaneous legal provisions including severability and entire agreement

Optional Sections

1. Data Protection: Required if the software collects or processes personal data, addressing compliance with Swiss FADP and GDPR if applicable

2. Commercial Distribution: Required if the software may be distributed as part of commercial products

3. Patent Rights: Required if the software involves patented technology or explicit patent grants

4. Export Controls: Required if the software is subject to export control regulations

5. Support and Updates: Optional section detailing any provided support services or update policies

6. Contribution Terms: Required if accepting community contributions to the software

7. Trademark Usage: Required if the software includes licensed trademarks or logos

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the software, its components, and functionality

2. Schedule B - Third-Party Licenses: Complete list of third-party open source components and their full license terms

3. Schedule C - Attribution Notices: Required attribution notices and acknowledgments for third-party components

4. Appendix 1 - Installation and Usage Guidelines: Technical documentation for software installation and usage

5. Appendix 2 - Modification Guidelines: Guidelines for making and distributing modifications to the software

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




















































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Relevant Industries

Technology

Software Development

Financial Services

Healthcare

Education

Manufacturing

Telecommunications

Research and Development

Public Sector

Non-Profit Organizations

E-commerce

Digital Media

Professional Services

Consulting

Relevant Teams

Legal

Software Development

Information Technology

Risk and Compliance

Product Management

Intellectual Property

Research and Development

Information Security

Operations

Corporate Strategy

Quality Assurance

Relevant Roles

Legal Counsel

Software Developer

Chief Technology Officer

Intellectual Property Manager

Open Source Compliance Officer

Product Manager

Software Architect

General Counsel

IT Director

Risk Manager

Development Team Lead

Chief Information Officer

Licensing Manager

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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