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Open source software clause for freelancers

An open source clause for software contracts: which open source components may be used and which licences are excluded.

Open source software clause: copy and adapt

The deliverables may include open source components. Each such component is licensed under its own licence, which the Provider will list in the project documentation. The Provider will not include components licensed under terms that would require the Client to publish its own source code (such as GPL or AGPL) without the Client's prior written approval.

When to use it

In every software development contract. Almost all modern software uses open source; the question is which licences.

Variants by trade

Permissive only

Only components under permissive licences (MIT, BSD, Apache 2.0) may be used without prior approval.

SaaS products

Components under AGPL or SSPL require written approval, as they may impose obligations on software offered as a service.

Frequently asked questions

Why do clients care about open source licences?

Some licences (GPL, AGPL) can require releasing your own code if you distribute or host it. Investors and buyers check for them in due diligence.

Does using open source affect IP ownership?

The client owns your code; open source parts stay under their own licences. This clause makes sure that's disclosed, not discovered.

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Related clauses

These clauses are general templates, not legal advice. Laws vary by country and state; for high-value or unusual deals, have a lawyer review your contract.

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