Open Source Software Clause clause: meaning, risks, and what to negotiate
Addresses the use of open source components and related licensing obligations in software or technology deals.
What it means
Open source clauses matter because certain licenses can create obligations around disclosure, attribution, or distribution that affect commercial software use.
Common risks
3 risks identifiedWhat to check before signing
ChecklistNegotiation ideas
ActionableExample clause
Provider shall not include open source software in the Deliverables in a manner that would require disclosure of Customer proprietary code or impose material licensing obligations on Customer without Customer’s prior written consent.
Frequently asked questions
1 questionsWhy does an open source software clause matter?
Because some open source licenses can create disclosure or compliance obligations that affect commercial use.
Related clauses
IP ownership states who owns work product, pre-existing materials, tools, templates, know-how, and related intellectual property rights created before, during, or after the contract term.
Provides for software source code to be held by a third party and released if defined events occur.
Want help reviewing the full contract?
A single clause rarely tells the whole story. Scan the full agreement to spot risks, missing protections, and negotiation points across the whole document.