Open Source License Agreement for the United States

Open Source License Agreement Template for United States

An Open Source License Agreement is a legal document governed by U.S. law that establishes the terms and conditions under which software can be freely used, modified, and distributed. It provides a framework for intellectual property rights, warranty disclaimers, and liability limitations while ensuring compliance with open source principles. The agreement includes provisions for copyright protection, patent rights, and contribution guidelines, all within the context of U.S. federal and state regulations.

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What is a Open Source License Agreement?

The Open Source License Agreement serves as a critical legal framework for software distribution in the open source community. This document is essential when organizations or individuals want to make their software freely available while maintaining certain controls and protections under U.S. law. It addresses key aspects such as intellectual property rights, usage terms, modification rights, and redistribution requirements. The agreement is particularly relevant in the current technology landscape where collaborative development and open source solutions are increasingly important. It includes specific provisions for copyright protection, patent rights, warranty disclaimers, and contribution guidelines, while ensuring compliance with both U.S. federal and state regulations.

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

1. Parties: Identification of the licensor and potential licensees

2. Background: Context of the software and purpose of the license

3. Definitions: Key terms used throughout the agreement including Software, License, Derivative Works, and Distribution

4. Grant of License: Scope and nature of the rights being granted, including usage, modification, and distribution rights

5. License Conditions: Requirements and restrictions on use of the software, including attribution and notice requirements

6. Intellectual Property Rights: Statement of ownership and IP rights retention by the licensor

7. Warranty Disclaimer: Disclaimers of warranties and guarantees for the software

8. Limitation of Liability: Limits on licensor's liability and exclusion of damages

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

1. Patent Grant: Explicit patent rights grant and patent non-assertion provisions

2. Contribution Guidelines: Rules and procedures for contributing to the project, including assignment of rights

3. Export Controls: Export compliance requirements and restrictions for international distribution

4. Trademark Usage: Rules and restrictions for using associated trademarks and brand assets

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

1. Schedule A - Licensed Software: Detailed description of the licensed software components and version information

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

3. Appendix A - Attribution Notices: Required attribution and copyright notices for the software

4. Appendix B - Contribution Agreement: Template for contributor license agreements and copyright assignments

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

United States

Publisher

Genie AI

Cost

Free to use
Industries

U.S. Copyright Act: Primary federal copyright law (17 U.S.C.) governing rights of creators, terms of protection, and copyright enforcement mechanisms

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including anti-circumvention provisions and safe harbor protections

U.S. Patent Act: Federal patent law (35 U.S.C.) governing patent rights, protection, and enforcement, particularly relevant for software patents

Lanham Act: Federal trademark law (15 U.S.C. ������1051 et seq.) governing trademark protection and usage requirements in open source projects

Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions, including software licensing aspects

Export Administration Regulations (EAR): Federal regulations controlling the export of commercial and dual-use software and technology

International Traffic in Arms Regulations (ITAR): Federal regulations controlling the export of defense-related software and technology

Magnuson-Moss Warranty Act: Federal law governing warranties on consumer products, including software warranty disclaimers

Sherman Antitrust Act: Federal antitrust law preventing monopolistic practices and promoting competition in software distribution

Clayton Act: Federal law supplementing antitrust regulations with specific provisions on price discrimination and exclusive dealing

Berne Convention: International treaty establishing basic copyright protections across member countries

WIPO Copyright Treaty: International treaty addressing copyright protection in the digital environment

TRIPS Agreement: International agreement establishing minimum standards for intellectual property regulation in trade

State Consumer Protection Laws: Various state-specific laws protecting consumer rights in software licensing and distribution

OSI Compliance Requirements: Open Source Initiative standards and requirements for open source license certification

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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