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EULA Open Source

EULA Open Source Template for Austria

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Key Requirements PROMPT example:

EULA Open Source

"I need an Open Source EULA for my machine learning software that will be released in March 2025, which allows commercial use while protecting our patent rights under Austrian law and includes specific provisions for user contributions to the codebase."

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Document background
This Open Source EULA template is designed for software providers operating under Austrian jurisdiction who wish to distribute their software under open source principles while maintaining legal compliance with Austrian and EU regulations. The EULA Open Source agreement serves as a comprehensive legal framework that balances the openness required by open source philosophy with necessary legal protections. It includes essential provisions for software licensing, user rights, modification permissions, and distribution terms, while incorporating specific requirements of Austrian contract law and EU regulations. This document is particularly relevant for organizations releasing software to the public, whether for commercial or non-commercial purposes, and needs to be customized based on the specific software, its intended use, and the chosen open source license type.
Suggested Sections

1. Parties: Identification of the licensor (software provider) and licensee (end user)

2. Background: Context of the agreement and nature of the open source software

3. Definitions: Key terms used throughout the agreement including 'Software', 'License', 'Derivative Works', etc.

4. Grant of License: Scope of the open source license, including permitted uses and distributions

5. Acceptance of Terms: How users indicate acceptance of the license terms

6. Copyright Notice: Statement of copyright ownership and retention of rights

7. License Conditions: Conditions for using, modifying, and distributing the software

8. Redistribution Rights: Terms for redistributing the original or modified software

9. Disclaimer of Warranty: Standard open source warranty disclaimers compliant with Austrian law

10. Limitation of Liability: Limitations on liability permitted under Austrian law

11. Termination: Conditions under which the license may be terminated

12. Applicable Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction

Optional Sections

1. Data Protection: GDPR compliance terms, used when the software processes personal data

2. Third Party Components: List of third-party software components and their licenses, used when the software includes other open source components

3. Export Controls: Export restriction notices, used when software may be subject to export regulations

4. Patent Claims: Patent-related provisions, used when the software may involve patented technologies

5. Contribution Terms: Terms for user contributions to the software, used when accepting community contributions

6. Commercial Use Provisions: Additional terms for commercial use, used when differentiating between commercial and non-commercial use

7. Support and Updates: Terms regarding software support and updates, used when offering these services

Suggested Schedules

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

2. Schedule B - Open Source Components: List of all open source components and their respective licenses

3. Schedule C - Installation and Usage Instructions: Technical documentation for software installation and use

4. Appendix 1 - Privacy Notice: Detailed privacy notice for GDPR compliance when applicable

5. Appendix 2 - Acceptable Use Policy: Specific guidelines for acceptable use of the software

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
License Grant
Intellectual Property
Use Rights
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Termination
Compliance with Laws
Data Protection
Export Control
Third Party Rights
Open Source Obligations
Copyright Notice
Acceptance of Terms
Governing Law
Jurisdiction
Software Usage
Documentation
Technical Requirements
Updates and Maintenance
Audit Rights
Contribution Terms
Patent Claims
Trademark Usage
Force Majeure
Severability
Assignment
Entire Agreement
Relevant Industries

Technology

Software Development

Information Technology

Open Source Software

Digital Services

Enterprise Software

Mobile Applications

Cloud Computing

Internet of Things

Telecommunications

Relevant Teams

Legal

Software Development

Product Management

Information Technology

Compliance

Information Security

Risk Management

Technical Documentation

Open Source Program Office

Research and Development

Relevant Roles

Legal Counsel

Software Developer

Chief Technology Officer

Intellectual Property Manager

Open Source Compliance Officer

Software Licensing Manager

Legal Operations Manager

Product Manager

Development Team Lead

Chief Information Officer

Data Protection Officer

IT Security Manager

Industries
ABGB (Austrian Civil Code): Provides the fundamental contract law framework in Austria, governing contract formation, validity, and enforcement
Austrian Copyright Act (Urheberrechtsgesetz): Governs intellectual property rights, software copyright protection, and licensing terms in Austria
Austrian Consumer Protection Act (Konsumentenschutzgesetz): Regulates consumer rights and business obligations in software licensing and distribution
Austrian Data Protection Act (Datenschutzgesetz): Governs the collection, processing, and storage of personal data in conjunction with GDPR
EU General Data Protection Regulation (GDPR): European regulation on data protection and privacy, applicable to software usage and data collection
E-Commerce Act (E-Commerce-Gesetz): Regulates electronic business transactions and digital service provision in Austria
EU Software Directive (2009/24/EC): Provides framework for software copyright protection in the EU, including decompilation rights
Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz): Governs contracts concluded at a distance, including software downloads and online distribution
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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