Open Software License Template for United States

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Key Requirements PROMPT example:

Open Software License

"I need an Open Software License for a machine learning library that will be released in March 2025, with specific provisions for commercial use and patent protection while ensuring the software remains open source."

Document background
The Open Software License serves as a critical legal instrument for software distribution in the United States. It enables developers to share their code while maintaining certain rights and protections. This document type is essential when organizations or individuals want to make their software freely available while establishing clear terms for usage, modification, and redistribution. The license addresses key aspects including intellectual property rights, liability limitations, and contribution guidelines, all within the framework of U.S. copyright and patent law.
Suggested Sections

1. Parties: Identifies the licensor and potential licensees

2. Background: States the purpose of the license and software overview

3. Definitions: Defines key terms used throughout the license

4. Grant of License: Specifies the rights being granted to licensees

5. Restrictions: Outlines limitations on use of the software

6. Distribution Terms: Conditions for redistributing the software

7. Disclaimer of Warranty: Warranty disclaimers and limitations

Optional Sections

1. Patent Grant: Explicit patent license terms - include when the software may be covered by patents

2. Contributor Terms: Rules for accepting contributions - include when allowing third-party contributions

3. Trademark Rights: Terms regarding trademark usage - include when protecting specific trademarks

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the licensed software

2. Schedule B - Attribution Notices: Required attributions for third-party components

3. Schedule C - Compatible Licenses: List of licenses compatible with this license

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

Industries

Copyright Law: Key legislation includes U.S. Copyright Act (17 U.S.C.), Digital Millennium Copyright Act (DMCA), and Copyright Term Extension Act, governing the protection of original works and their distribution.

Patent Law: Includes U.S. Patent Act (35 U.S.C.), software patent considerations, and patent rights and limitations that may affect the software's distribution and use.

Trademark Law: Governed by the Lanham Act (15 U.S.C.), covering the protection of marks and logos associated with the software.

Contract Law: Encompasses state-specific contract laws, Uniform Commercial Code (UCC), and fundamental contract formation and enforcement principles.

Export Control Regulations: Includes Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) affecting international software distribution.

Warranty Law: Covers Magnuson-Moss Warranty Act, state warranty laws, and disclaimer requirements for software products.

Liability Considerations: Encompasses product liability laws, limitations of liability, and indemnification provisions necessary for software distribution.

Competition Law: Includes Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act governing fair competition and market practices.

Data Privacy Laws: Covers state-specific privacy laws, federal privacy regulations, and international privacy considerations if applicable.

Open Source Compliance: Addresses GPL compatibility, open source definition compliance, and OSI certification requirements for open source software licensing.

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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