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Open Source Software Agreement

Open Source Software Agreement Template for Netherlands

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Key Requirements PROMPT example:

Open Source Software Agreement

"I need an Open Source Software Agreement for a machine learning library we're releasing in March 2025, with strong patent protection clauses and specific terms for commercial usage, suitable for enterprise-level distribution under Dutch law."

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Document background
The Open Source Software Agreement serves as a crucial legal framework for organizations and individuals releasing software under open source licenses in the Netherlands. This document is essential when making software freely available for use, modification, and distribution while protecting the rights of the original developers and maintaining legal compliance. It incorporates Dutch legal requirements, particularly regarding contract formation, intellectual property rights, and liability limitations, while aligning with international open source licensing standards. The agreement addresses key aspects such as copyright protection, patent rights, trademark usage, contribution terms, and warranty disclaimers, making it suitable for both small-scale projects and enterprise-level software distributions. It's designed to provide legal certainty while promoting open source principles of collaboration and innovation.
Suggested Sections

1. Parties: Identification of the licensor and reference to licensees/users of the software

2. Background: Context of the agreement, nature of the software, and purpose of open source distribution

3. Definitions: Key terms including Software, Derivative Works, Contribution, License, Source Code, Object Code

4. License Grant: Scope of the open source license, permitted uses, and distribution rights

5. Intellectual Property Rights: Assertion of ownership, handling of contributions, and third-party components

6. Distribution Terms: Requirements for redistribution, including source code availability and license inclusion

7. Restrictions: Limitations on use and distribution, including trademark usage and patent claims

8. Warranties and Disclaimers: Standard open source warranty disclaimers compliant with Dutch law

9. Limitation of Liability: Liability limitations within bounds of Dutch mandatory law

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

11. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes

12. General Provisions: Standard clauses including severability, entire agreement, and assignment

Optional Sections

1. Contribution Guidelines: Include when the project accepts third-party contributions, defining the process and terms

2. Commercial Use: Include when specific terms apply to commercial usage of the software

3. Support and Maintenance: Include when offering optional support services or community support guidelines

4. Data Protection: Include when software processes personal data, ensuring GDPR compliance

5. Export Controls: Include when software may be subject to export restrictions

6. Patent License: Include when explicit patent rights are being granted

7. Trademark Usage: Include when project has significant trademark assets to protect

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software components covered by the agreement

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

3. Schedule 3 - Acceptable License Terms: List of compatible open source licenses for contributions and dependencies

4. Appendix A - Contributing Guidelines: Detailed technical and legal requirements for contributions

5. Appendix B - Code of Conduct: Community guidelines and expected behavior for project participants

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Software
Source Code
Object Code
Documentation
Intellectual Property Rights
License
Derivative Works
Contribution
Contributor
Modification
Distribution
User
Effective Date
Third Party Components
Patent Claims
Trademark
Commercial Use
Repository
Open Source License
Affiliate
Confidential Information
Permitted Use
Release
Version
Bug Fix
Patch
API
Library
Module
Component
Maintenance
Support Services
Copyleft
License Notice
Copyright Notice
Attribution
Personal Data
Processing
Project
Relevant Industries

Information Technology

Software Development

Education

Research & Development

Financial Services

Healthcare Technology

Telecommunications

Manufacturing

Public Sector

Biotechnology

Artificial Intelligence

Cloud Computing

IoT & Connected Devices

Digital Media

E-commerce

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Research & Development

Product Management

Innovation

Intellectual Property

Open Source Program Office

Engineering

Corporate Development

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Attorney

Chief Technology Officer

Open Source Program Manager

Software Architect

Development Team Lead

Compliance Officer

Technology Licensing Manager

General Counsel

Project Manager

Chief Information Officer

Innovation Director

Research Director

Product Manager

Industries
Dutch Copyright Act (Auteurswet): Governs copyright protection for software, including moral rights and transfer of rights, which is fundamental for open source licensing
Dutch Civil Code (Burgerlijk Wetboek) Book 6: Contains general provisions on contracts, obligations, and liability that apply to software agreements
Dutch Patents Act (Rijksoctrooiwet): Relevant for patent rights and their interaction with open source software licensing
EU General Data Protection Regulation (GDPR): Applies if the software processes personal data, requiring compliance with data protection principles
Dutch Civil Code Book 7: Contains specific provisions on service agreements and consumer contracts that may apply to software distribution
EU Competition Law: Ensures open source license terms do not violate competition regulations in the EU market
Dutch Consumer Protection Act (Wet bescherming consumenten): Applies when software is distributed to consumers, affecting warranty terms and liability limitations
Computer Programs Directive (2009/24/EC): EU directive implemented in Dutch law regarding legal protection of computer programs
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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