(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?