EULA Open Source Template for England and Wales

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Key Requirements PROMPT example:

EULA Open Source

"I need an Open Source EULA for my machine learning software library that I'm planning to release in March 2025, with specific provisions for contributor rights and data protection compliance under UK law."

Document background
Open Source EULAs are essential for software distribution in today's collaborative development environment. This agreement type specifically addresses the unique requirements of open source software distribution while ensuring compliance with English and Welsh law. The document combines standard EULA provisions with open source principles, covering usage rights, modification permissions, distribution terms, warranty disclaimers, and liability limitations. It's particularly important for organizations releasing software under open source licenses while maintaining legal protection and regulatory compliance.
Suggested Sections

1. Parties: Identifies the licensor and scope of potential licensees

2. Background: Explains the nature of the software and open source principles

3. Definitions: Defines key terms used throughout the agreement

4. License Grant: Specifies the rights granted under the open source license

5. Intellectual Property Rights: Clarifies ownership and IP rights

6. Restrictions: Outlines usage limitations and prohibited activities

7. Disclaimer of Warranty: States warranty limitations for open source software

8. Limitation of Liability: Defines liability limitations under English law

Optional Sections

1. Data Protection: Required if software processes personal data - includes data protection obligations and privacy rights

2. Export Controls: Addresses export regulation compliance - required for international distribution

3. Third Party Components: Lists third-party software components and their licenses - needed when incorporating other open source libraries

4. Support and Updates: Details any support or update provisions - include when offering maintenance services

Suggested Schedules

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

2. Schedule 2 - Open Source Components: List of third-party open source components and their licenses

3. Schedule 3 - Acceptable Use Policy: Guidelines for acceptable use of the software

4. Appendix A - Contributing Guidelines: Guidelines for community contributions to 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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Copyright, Designs and Patents Act 1988: Primary legislation governing software copyright protection, terms of use, distribution rights, and moral rights of authors

Consumer Rights Act 2015: Legislative framework covering consumer protection, terms of fairness, quality requirements, and warranty implications for software products

Data Protection Act 2018 and UK GDPR: Legislation governing data protection obligations, user privacy rights, and requirements for software processing personal data

Computer Misuse Act 1990: Legal framework addressing security considerations, unauthorized access provisions, and software modification restrictions

Electronic Commerce (EC Directive) Regulations 2002: Regulations covering online distribution requirements and electronic contracting rules for software distribution

Competition Act 1998: Legislation governing anti-competitive provisions and market fairness considerations in software licensing

Open Source Initiative Guidelines: Standard guidelines and principles for open source licensing that must be considered in EULA drafting

License Compatibility Requirements: Considerations for ensuring compatibility with common open source licenses and their requirements

Export Control Regulations: Regulatory requirements governing the export and international distribution of software

IP Indemnification Provisions: Requirements for intellectual property indemnification clauses under English law

Liability Limitations: Specific considerations for limitation of liability clauses under English and Welsh law

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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