This Open Source Software License is designed for use when releasing software under an open source model while maintaining compliance with Swiss legal requirements. The document is particularly relevant when software developers or organizations wish to make their code freely available while protecting their intellectual property rights and limiting liability under Swiss law. The license incorporates essential elements of Swiss copyright law (URG) and contract law (OR), making it suitable for both domestic and international use. It addresses key aspects such as license grant, usage rights, modification permissions, distribution terms, warranty disclaimers, and liability limitations, all structured to be enforceable under Swiss jurisdiction. This type of license is crucial for fostering open collaboration while maintaining legal clarity and protection for all parties involved.
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1. 1. License Grant: Defines the specific rights being granted to users, including rights to use, modify, and distribute the software
2. 2. Copyright Notice: States the copyright ownership and retention of rights by the licensor
3. 3. Permissions: Detailed explanation of allowed activities under the license
4. 4. Restrictions: Specifies limitations and prohibited uses of the software
5. 5. Distribution: Rules and requirements for redistributing the software or modified versions
6. 6. Disclaimer of Warranty: Explicit statement that the software is provided 'as is' without warranties
7. 7. Limitation of Liability: Limits the licensor's liability in accordance with Swiss law
8. 8. Termination: Conditions under which the license may be terminated and consequences of termination
9. 9. Governing Law and Jurisdiction: Establishes Swiss law as governing law and jurisdiction for disputes
1. Patent Rights: Additional section when the software may involve patent rights, granting explicit patent licenses
2. Contributor License: Terms for accepting contributions from third parties, used when the project accepts external contributions
3. Network Use Rights: Specific terms for software used over a network, relevant for server-side applications
4. Data Protection Compliance: Required when the software processes personal data, ensuring FADP compliance
5. Export Control: Necessary when the software may be subject to export restrictions
6. Third Party Components: Section addressing third-party software components and their respective licenses
1. Schedule A: Components List: Detailed list of software components covered by the license
2. Schedule B: Third Party Licenses: Full text or references to licenses for third-party components
3. Schedule C: Attribution Notices: Required attribution notices and acknowledgments
4. Schedule D: Technical Requirements: Minimum technical requirements and compatibility information
Relevant legal definitions
Software
Source Code
Object Code
Derivative Works
Modification
Distribution
Contributor
Contribution
License
Licensor
Licensee
User
Copyright Holder
Documentation
Patent Rights
Intellectual Property Rights
Third Party Components
Use
Commercial Use
Network Use
Effective Date
Interface
Application Programming Interface (API)
Binary Form
Compilation
Library
Repository
Version Control System
Bug Fix
Patch
Source Code
Object Code
Derivative Works
Modification
Distribution
Contributor
Contribution
License
Licensor
Licensee
User
Copyright Holder
Documentation
Patent Rights
Intellectual Property Rights
Third Party Components
Use
Commercial Use
Network Use
Effective Date
Interface
Application Programming Interface (API)
Binary Form
Compilation
Library
Repository
Version Control System
Bug Fix
Patch
Clauses
License Grant
Copyright Notice
Patent License
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Intellectual Property Rights
Termination
Compliance
Contribution Terms
Third Party Rights
Export Control
Data Protection
Governing Law
Jurisdiction
Dispute Resolution
Severability
Assignment
Entire Agreement
No Warranty
Notices
Force Majeure
Copyright Notice
Patent License
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Intellectual Property Rights
Termination
Compliance
Contribution Terms
Third Party Rights
Export Control
Data Protection
Governing Law
Jurisdiction
Dispute Resolution
Severability
Assignment
Entire Agreement
No Warranty
Notices
Force Majeure
Relevant Industries
Information Technology
Software Development
Technology Services
Education
Research and Development
Financial Services
Healthcare Technology
Telecommunications
Digital Media
E-commerce
Relevant Teams
Legal
Software Development
Compliance
Information Technology
Product Development
Risk Management
Intellectual Property
Open Source Program Office
Research and Development
Corporate Strategy
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Attorney
Chief Technology Officer
Software Architect
Product Manager
Open Source Compliance Officer
IT Director
Development Team Lead
Legal Operations Manager
Technology Risk Manager
Innovation Director
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