This Open Source EULA (End User License Agreement) is designed for use under Dutch law when organizations need to distribute open source software while maintaining legal compliance and protecting their interests. The document combines standard EULA provisions with open source licensing requirements, ensuring compatibility with both Dutch legal frameworks and open source principles. It includes essential provisions for software distribution, use rights, modification permissions, and redistribution terms, while addressing liability limitations and warranty disclaimers in accordance with Dutch law. This agreement is particularly important for organizations releasing software under open source licenses, as it helps maintain legal clarity while promoting open source values and ensuring compliance with European Union regulations, including data protection and consumer rights.
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1. Parties: Identification of the licensor and specification of eligible licensees
2. Background: Context of the software, its purpose, and the open source nature of the license
3. Definitions: Key terms used throughout the agreement, including technical terms and legal concepts
4. License Grant: Specific rights granted under the open source license, including usage, modification, and distribution rights
5. Acceptance of Terms: How and when the license terms are deemed accepted by the user
6. Intellectual Property Rights: Statement of ownership, copyright notices, and trademark usage requirements
7. Open Source Obligations: User obligations regarding open source compliance, including attribution and source code availability
8. Restrictions: Limitations on use, modification, and distribution of the software
9. Distribution Terms: Conditions for redistributing the software and modified versions
10. Disclaimer of Warranty: Warranty disclaimers in accordance with Dutch law and open source principles
11. Limitation of Liability: Limitations of liability under Dutch law
12. Term and Termination: Duration of the license and conditions for termination
13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes
14. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Data Protection and Privacy: Required if the software processes personal data, outlining GDPR compliance and data handling practices
2. Third-Party Components: Needed if the software includes third-party libraries or components, listing their licenses and compliance requirements
3. Commercial Support: Include if offering paid support services alongside the open source software
4. Export Controls: Required if the software is subject to export control regulations
5. Platform-Specific Terms: Include if the software is distributed through specific platforms with additional requirements
6. Contribution Terms: Include if accepting community contributions to the software
7. Update Policy: Include if providing software updates or maintaining different versions
8. Security Obligations: Required for software handling sensitive data or requiring specific security measures
1. Schedule A - Software Description: Detailed description of the software, its components, and technical requirements
2. Schedule B - Open Source Components: List of all open source components and their respective licenses
3. Schedule C - Attribution Notices: Required attribution and copyright notices for included open source components
4. Schedule D - Installation and Usage Instructions: Technical documentation for software installation and usage
5. Appendix 1 - Data Processing Terms: Detailed terms for personal data processing, if applicable
6. Appendix 2 - Support Terms: Terms and conditions for any provided support services
Relevant legal definitions
Agreement
Affiliate
Authorized User
Code Repository
Contributor
Derivative Work
Distribution
Documentation
End User
Effective Date
Fork
Intellectual Property Rights
License
Licensor
Licensee
Modifications
Open Source License
Original Code
Personal Data
Processing
Software
Source Code
Specification
Third Party Components
Updates
Use
User Data
Version
Warranty
Work Product
Affiliate
Authorized User
Code Repository
Contributor
Derivative Work
Distribution
Documentation
End User
Effective Date
Fork
Intellectual Property Rights
License
Licensor
Licensee
Modifications
Open Source License
Original Code
Personal Data
Processing
Software
Source Code
Specification
Third Party Components
Updates
Use
User Data
Version
Warranty
Work Product
Clauses
License Grant
Acceptance
Intellectual Property Rights
Open Source Compliance
Usage Rights
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Data Protection
Third Party Rights
Term and Termination
Technical Requirements
Support and Updates
Export Control
Audit Rights
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendments
Survival
Acceptance
Intellectual Property Rights
Open Source Compliance
Usage Rights
Distribution Rights
Modification Rights
Attribution Requirements
Warranty Disclaimer
Limitation of Liability
Data Protection
Third Party Rights
Term and Termination
Technical Requirements
Support and Updates
Export Control
Audit Rights
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendments
Survival
Relevant Industries
Technology
Software Development
Information Technology
Telecommunications
Financial Services
Healthcare
Education
Manufacturing
E-commerce
Professional Services
Research and Development
Public Sector
Non-profit Organizations
Relevant Teams
Legal
Software Development
Information Technology
Compliance
Risk Management
Information Security
Product Management
Open Source Program Office
Documentation
Research and Development
Quality Assurance
Technical Support
Relevant Roles
Legal Counsel
Software Developer
Chief Technology Officer
Intellectual Property Lawyer
Compliance Officer
Open Source Program Manager
Software Architect
Product Manager
Information Security Officer
Risk Manager
Licensing Manager
Development Team Lead
Technical Documentation Specialist
General Counsel
Privacy Officer
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