"As is, no warranties" statement for open source app that offers precompiled binaries via app/play store and GitHub

Question

(Updated: As it turns out, based on the comments below CC-SA-NC is not considered an Open Source license. The moderators are free to close this. That being said, whether my software is CC-SA-NC or GPL or any other Open Source license does NOT change the relevance of my question. The same situation applies. I still believe its an important question that would benefit open source developers. So I am not going to delete it, but like I said, folks are free to close it)

I've developed a mobile app with the following setup:

• The app can be purchased for a fee from Play/App store
• I've open sourced the app on GitHub under CC-SA-NC (Creative Commons, Share Alike, Non Commercial) usage
• I also have a desktop version for the same app, that I offer for free on my GitHub site. It is free for personal use.

I want to make sure that I am protected in the event the app fails/doesn't work.

So far, I've only found this thread that discusses the considerations of EULA for open source, but it doesn't cover my more detailed scenario (at least in my mind). I am primarily interested in protecting myself from folks who decide to sue me because my app did not work for their needs (if that were to happen).

As I understand it,

• Releasing the source code under CC-SA-NC doesn't cover the usage of the app for folks who purchase it from the app/play store, or don't compile my source code at all. For example, CC-SA-NC license has a Section 5 – Disclaimer of Warranties and Limitation of Liability. While my source code is under CC-SA-NC, I don't think this applies to people who use my app binary, without having compiled it, correct?

• Apple Store has its own EULA for all apps downloaded. - see section e and f for limitation of liability and disclaimer of warranty. So I would assume if someone purchases my app from the Apple store, I am protected if the app doesn't function properly? (We are not talking about violation of T&Cs of the store, like say, my app secretly accessing user data etc. we are simply talking about the app not functioning in certain situations, if that were to occur)

• I don't see a similar protection in Android Play Store EULA - does this imply I should add an EULA for my app that is uploaded to play store?

• Finally, what remains is protection for me for folks who choose to use my desktop binary. I assume I need to add a EULA or statement just for that which would basically be the "Disclaimer of Warranty" and "Indemnification" sections?

Thanks

Answer 1

An alternative thought: use an open-source license instead.

Creative Commons licenses are intended for more "traditional" creative works, and are not intended for software. While they can certainly be applied to software, they weren't designed with it in mind, which raises a few domain-specific issues - and this is one of them.

Most open-source licenses are written with a disclaimer of liability and warranty, which is exactly the clause you want for your own protection here. The Choose A License website has a list of the most popular licenses, from strong copyleft to highly permissive, and lists what each license allows, disallows, and limits. Each license on that list has a disclaimer of liability and warranty.

An open-source license will not give you the non-commercial restriction, as that's not in keeping with the principles of free/open source software. However - if you're aware of the problems of creating a crayon license, you may want to tack a non-commercial restriction on the end of one of the licenses listed above.

Whichever license you choose to use, bear in mind that you can apply the MIT/whatever else you choose to the entire product - binaries as well, not just source. You'll also want to look at the Play Store's terms of use regarding licensing of apps, so you know how you're allowed to license your products.

Answer 2

I've open sourced the app on GitHub under CC-SA-NC (Creative Commons, Share Alike, Non Commercial) usage

The Creative Commons - Attribution-NonCommercial-ShareAlike 4.0 International license is not an Open Source license.

All Open Source software can be used for commercial purpose; the Open Source Definition guarantees this. You can even sell Open Source software. --https://opensource.org/faq#commercial

Therefore, your application cannot be considered open source.

Many open source licenses contain a clause regarding warranties, however, even though the source is licensed under those terms, any app uploaded to a proprietary store is subject to the licensing of said store.