This Restrictive Open Source License is designed for organizations seeking to release software under open source terms while maintaining specific controls over its use and distribution. It is particularly suited for companies operating under German jurisdiction who want to protect their intellectual property while benefiting from open source collaboration. The license incorporates essential elements of German copyright law (Urheberrecht) and contract law, including mandatory provisions regarding liability and warranty limitations. This document should be used when standard permissive open source licenses are too lenient, but fully proprietary licenses are too restrictive. It includes specific provisions for commercial use limitations, contribution terms, and compliance with German and EU regulatory requirements.
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1. Preamble: Identifies the license and its general purpose, important for German contract interpretation
2. Definitions: Defines key terms used throughout the license, including 'Work', 'Modification', 'Distribution', and specific restricted uses
3. Grant of Rights: Explicit grant of copyright and usage rights under German law, including scope and permitted uses
4. Restrictions: Clear enumeration of restrictions on use, modification, and distribution
5. Distribution Obligations: Requirements for redistributing the software, including notice and source code provisions
6. Contributor Provisions: Rules for contributions and contributor rights assignments
7. Warranty and Liability: Warranty disclaimers and liability limitations conforming to German law requirements
8. Termination: Conditions for license termination and consequences of termination
9. Miscellaneous: Including governing law, jurisdiction, and severability provisions
1. Patent License: Additional section for patent rights grant or patent peace provisions, needed if software may be subject to patent rights
2. Trademark Usage: Rules for using associated trademarks, needed if the software includes branded elements
3. Export Control: Specific provisions for export compliance, needed if software contains cryptography or security features
4. Data Protection: GDPR and BDSG compliance provisions, needed if software processes personal data
5. Commercial Use Restrictions: Specific limitations on commercial use, needed for dual-licensing models
6. Network Use Provisions: Special provisions for network or SaaS use, needed for strong copyleft or network-protective licenses
1. Schedule A - Licensed Software: Detailed description of the covered software components and versions
2. Schedule B - Required Notices: Specific copyright and attribution notices that must be included
3. Schedule C - Compatible Licenses: List of licenses deemed compatible for combined works
4. Appendix A - Source Code Notice: Template for the mandatory source code notice
5. Appendix B - Attribution Requirements: Detailed attribution requirements and formats
Authors
Relevant legal definitions
Clauses
Relevant Industries
Software Development
Information Technology
Telecommunications
Financial Services
Healthcare Technology
Industrial Automation
Enterprise Software
Consumer Electronics
Research and Development
Education Technology
Digital Media
Cybersecurity
Relevant Teams
Legal
Software Development
Product Development
Information Technology
Compliance
Risk Management
Research & Development
Information Security
Corporate Strategy
Intellectual Property
Relevant Roles
Legal Counsel
Software Development Manager
Chief Technology Officer
Intellectual Property Manager
Open Source Compliance Officer
Software Engineer
Product Manager
Risk Management Officer
IT Security Manager
Research & Development Director
Technology Licensing Manager
Chief Legal Officer
Data Protection Officer
Compliance Manager
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