Open Source Software License for Germany

Open Source Software License Template for Germany

A comprehensive open source software license agreement governed by German law, designed to facilitate the distribution, modification, and use of software while complying with German legal requirements. This document addresses copyright protection under the German Copyright Act (UrhG), includes specific provisions for warranty disclaimers and liability limitations in accordance with German civil law (BGB), and incorporates EU software directive requirements. The license ensures proper attribution, defines usage rights, and establishes terms for software modification and redistribution while maintaining compliance with German contract formation rules and competition law.

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What is a Open Source Software License?

This Open Source Software License is essential for organizations and individuals releasing software under open source principles while ensuring compliance with German legal requirements. The document is particularly relevant when software developers or organizations want to make their code freely available for use, modification, and distribution while retaining certain rights and protecting themselves legally. It incorporates specific provisions required under German law, including detailed warranty disclaimers and liability limitations conforming to the Bürgerliches Gesetzbuch (BGB) and Produkthaftungsgesetz. The license addresses copyright protection, usage rights, modification permissions, and distribution terms, making it suitable for both commercial and non-commercial applications. It should be used when releasing software in or from Germany, or when German law compliance is specifically required.

What sections should be included in a Open Source Software License?

1. Preamble: Introduction explaining the purpose of the license and basic principles of open source software

2. Definitions: Key terms used throughout the license, including 'Software', 'Derivative Works', 'Contribution', 'Contributor', and 'Distribution'

3. Copyright Notice: Statement of copyright ownership and retention of rights under German copyright law

4. Grant of Rights: Explicit license grants including usage, modification, and distribution rights

5. Conditions of Use: Requirements that must be met when using, modifying, or distributing the software

6. Distribution Obligations: Requirements for redistributing the software, including source code availability and license terms preservation

7. Contribution Mechanism: Rules governing how contributions to the software are handled and licensed

8. Disclaimer of Warranty: Warranty disclaimers compliant with German law (§ 437 BGB)

9. Limitation of Liability: Liability limitations in accordance with German product liability law

10. Term and Termination: Duration of the license and conditions for termination

11. Miscellaneous: General provisions including governing law, jurisdiction, and severability

What sections are optional to include in a Open Source Software License?

1. Patent License: Additional section for software that may be subject to patent rights, granting explicit patent licenses

2. Trademark Usage: Guidelines for using associated trademarks, needed if the software includes branded elements

3. Commercial Use Provisions: Special terms for commercial usage, needed for dual-licensing schemes

4. Network Use Clause: Special provisions for software used in network services (similar to AGPL provisions)

5. Export Control: Compliance requirements for international distribution, needed if software contains cryptography or other regulated functions

6. Data Protection Compliance: GDPR compliance provisions, needed if software processes personal data

What schedules should be included in a Open Source Software License?

1. Schedule A - Licensed Software: Detailed description of the software covered by the license, including version numbers and components

2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses

3. Schedule C - Notice Text: Required copyright and attribution notices that must be included in distributions

4. Appendix A - Compatible Licenses: List of open source licenses compatible with this license for combined works

5. Appendix B - Contribution Agreement: Standard contribution agreement form for contributors

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Clauses
Relevant Industries

Technology

Software Development

Financial Services

Healthcare

Education

Manufacturing

Telecommunications

Research & Development

Public Sector

E-commerce

Media & Entertainment

Consulting Services

Automotive

Energy & Utilities

Relevant Teams

Legal

Software Development

Information Technology

Compliance

Risk Management

Product Development

Quality Assurance

Documentation

Intellectual Property

Open Source Program Office

Research & Development

Relevant Roles

Software Developer

Legal Counsel

Chief Technology Officer

Intellectual Property Attorney

Open Source Compliance Officer

Software Architect

Project Manager

Development Team Lead

Chief Information Officer

Risk Management Officer

Product Manager

Licensing Manager

Technical Documentation Specialist

Quality Assurance 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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