This Open Source EULA is designed for use when distributing open source software in Germany or to German users. It combines standard open source licensing principles with mandatory requirements under German law, including consumer protection provisions and standard business terms regulations (AGB-Recht). The document should be used when releasing software under an open source license while ensuring compliance with German legal requirements. It includes specific provisions for warranty disclaimers and liability limitations that are compliant with German law, data protection considerations, and clear terms for modification and redistribution rights. This template is particularly important for organizations releasing open source software in the German market or German organizations releasing open source software globally.
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1. Parties: Identification of the licensor and specification of eligible licensees
2. Background: Context of the software, its purpose, and open source nature
3. Definitions: Key terms including Software, License, Derivative Works, Contribution, etc.
4. Grant of Rights: Scope of license, permitted uses, and reference to open source license terms
5. License Conditions: Conditions for use, modification, and distribution of the software
6. Intellectual Property Rights: Statement of ownership and intellectual property rights
7. Distribution Rights: Terms governing redistribution of the software
8. Modifications and Derivatives: Rules for creating and distributing modified versions
9. Warranty Disclaimer: Limited warranty terms compliant with German law
10. Limitation of Liability: Liability limitations within German legal requirements
11. Term and Termination: Duration of agreement and termination conditions
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Data Protection: Required if software processes personal data, addressing GDPR compliance
2. Commercial Terms: Include if offering commercial support or additional services
3. Contribution Terms: Include if accepting community contributions to the software
4. Export Compliance: Include if software may be subject to export restrictions
5. Third Party Components: Include if software incorporates third-party components
6. Support and Updates: Include if providing maintenance or update services
1. Open Source License Text: Full text of the applicable open source license
2. Third Party Licenses: List and text of third-party component licenses
3. Technical Requirements: Minimum system requirements and technical specifications
4. Data Processing Terms: Detailed GDPR compliance terms if applicable
Relevant legal definitions
Software
Source Code
Object Code
Documentation
Derivative Works
Modifications
Contribution
Contributor
License
Open Source License
Intellectual Property Rights
End User
Licensor
Licensee
Effective Date
Third Party Components
Distribution
Commercial Use
Personal Data
Processing
Repository
Patch
Update
Version
Application Programming Interface (API)
Binary Form
Copyleft
Fork
Library
Module
Package
Runtime Environment
Standard Business Terms
Territory
Permitted Use
Acceptance
Source Code
Object Code
Documentation
Derivative Works
Modifications
Contribution
Contributor
License
Open Source License
Intellectual Property Rights
End User
Licensor
Licensee
Effective Date
Third Party Components
Distribution
Commercial Use
Personal Data
Processing
Repository
Patch
Update
Version
Application Programming Interface (API)
Binary Form
Copyleft
Fork
Library
Module
Package
Runtime Environment
Standard Business Terms
Territory
Permitted Use
Acceptance
Clauses
Definitions
License Grant
Scope of Rights
Usage Rights
Distribution Rights
Modification Rights
Intellectual Property
Warranty
Liability Limitation
Indemnification
Term and Termination
Data Protection
Compliance
Export Control
Governing Law
Technical Requirements
Acceptance
Open Source Obligations
Third Party Rights
Notice Requirements
Attribution
Contribution Terms
Support and Maintenance
Updates and Upgrades
Severability
Assignment
Entire Agreement
License Grant
Scope of Rights
Usage Rights
Distribution Rights
Modification Rights
Intellectual Property
Warranty
Liability Limitation
Indemnification
Term and Termination
Data Protection
Compliance
Export Control
Governing Law
Technical Requirements
Acceptance
Open Source Obligations
Third Party Rights
Notice Requirements
Attribution
Contribution Terms
Support and Maintenance
Updates and Upgrades
Severability
Assignment
Entire Agreement
Relevant Industries
Technology
Software Development
Financial Services
Healthcare
Manufacturing
Education
Telecommunications
E-commerce
Research & Development
Public Sector
Media & Entertainment
Professional Services
Relevant Teams
Legal
Software Development
Compliance
Information Technology
Risk Management
Product Management
Information Security
Open Source Program Office
Research & Development
Corporate Affairs
Relevant Roles
Legal Counsel
Software Developer
Chief Technology Officer
Compliance Officer
Intellectual Property Manager
Open Source Program Manager
Software Architect
Product Manager
Risk Manager
Data Protection Officer
IT Director
Software License Manager
Chief Legal Officer
Development Team Lead
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