1

As the answer written here: Does Open Source Software need an EULA to protect the developer?, the use of the software is not covered by the open source license.

So, what would be a simple eula for open source software?

And, is there a bank of eula samples on internet?

closed as unclear what you're asking by curiousdannii, Tim Malone, Zizouz212 Aug 13 '16 at 6:43

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  • What would you want that EULA to say? Most EULAs do nothing but restrict the freedoms which are supposed to be granted by open source licenses. – Philipp Aug 9 '16 at 11:00
3

The very answer you linked states:

You don't need a EULA to protect yourself as a developer

Nevertheless, it's understandable that you're worried that a user could gain a copy and not accept the disclaimers of warranty and liability. I don't know if this would hold up in court if they did sue you under one of those things, but I can suggest a few licenses.

  • The Microsoft Public License begins with the preamble:

    This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

  • You could license your work under the Mozilla Public License. It states after its disclaimer of warrany in Section 6:

    This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer.

  • Or, the CeCILL states:

    3.1 The Licensee shall be deemed as having accepted the terms and conditions of this Agreement upon the occurrence of the first of the following events:

    • (i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
    • (ii) the first time the Licensee exercises any of the rights granted hereunder.

    "The rights granted hereunder" includes the right to use the software (Article 5.1). So they can't even receive a copy without accepting the Agreement.

Or, some non-licensing solutions:

  • You could just provide an installer with an "I accept" button forcing the user to accept the FLOSS license. Admittedly, there's nothing to prevent them from hacking the installer if they really don't want to accept that, but how many people are going to do that?
  • You could license pre-built executables under a proprietary license and provide the source code free of charge. This is a mean and extreme measure, but it will protect you wholly.
  • Thanks for your answer. In the link I provided it says, and I should have referred to this specific part in my question : "Note the trigger: you accept the license by modifying or propagating the software, not by using it." The eula cover the use of the software not the license. – yoh Aug 7 '16 at 16:08
  • @yoh That answer was specific to the GPL. Other licenses (such as the Ms-PL and CeCILL) have different means of acceptance. – EMBLEM Aug 7 '16 at 16:12
  • I hoped a general answer, but perhaps it's not possible. My specific case is for a software under the MIT license published in google play.</br>here it s written: "Display the MIT License as part of your software's EULA". So, the MIT Licence text seams not specific enough for end user.</br>You are right for the Cecill and Mozilla Public Licence, in these two cases my question has no sense. – yoh Aug 7 '16 at 16:28
  • @yoh I think that FAQ is describing my second last point: just make the user accept the MIT license in an installer. – EMBLEM Aug 7 '16 at 16:33
  • @EMBEM: I wait 2 or 3 days to see if there is a better answer before to validate yours – yoh Aug 7 '16 at 16:37

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