End-User License Agreement Template

The following is a template for an end-user license agreements (EULA) that you can use in your project to require the Maintenance Fee.

We are not your lawyer

This EULA template was reviewed by our lawyer. We expect it to serve your project well. However, we are not your lawyer so we cannot provide any legal guarantees.

If you are a lawyer and have feedback on this template, please start a conversation on the Open Source Maintenance Fee Discussions.

The Open Source Maintenance Fee EULA Template

Feel free to use this template as your project’s binaries’ EULA to require all revenue generating consumers to pay the Maintenance Fee.

Update placeholders

Be sure to update the <OSILICENSE>, <PROJECTNAME> and <SOFTWARENAME> placeholders with values that are appropriate for your software’s license, project name and software name. Often the project name and software name will be the same.

End User License Agreement

This Open Source Maintenance Fee Agreement ("Agreement") is a legal agreement
between you ("User") and <PROJECTNAME> ("Project") for the use of
<SOFTWARENAME> ("Software"), an open source software project licensed under
the <OSILICENSE> ("OSI License"), an OSI-approved open source license.
Project offers a Binary Release of the Software to Users in exchange for a
maintenance fee ("Fee"). "Binary Release" refers to pre-compiled executable
versions of the Software provided by Project. By accessing or using the
Binary Release, User agrees to be bound by the terms of this Agreement.

1. Applicability

Project agrees to provide User with the Binary Release in exchange for the
Fees outlined in Section 2, subject to the terms of this Agreement. The Fee
applies only to Users that generate revenue by the Software.
Non-revenue-generating use of the Software is exempt from this Fee. In
addition, Users who pay separate support and/or maintenance fees to the
maintainers of the Software are exempt from the Fee outlined in this
Agreement. This distinction ensures that duplicate fees are not imposed,
promoting fairness and consistency while respecting alternative support
arrangements.

2. Monthly Fee and Payment Terms

Revenue-generating Users required to pay the Fee shall follow the payment
terms set forth by the Project. Failure to comply with these terms may result
in suspending access to the Binary Release. However, this does not restrict
the User from obtaining or redistributing binaries from other sources or
self-compiling them.

3. Nature of the Fee

The Fee is not a license fee. The Software's source code is licensed to User
under the OSI License and remains freely distributable under the terms of the
OSI License and any applicable open-source licenses.

4. Conflicts with OSI License

To the extent any term of this Agreement conflicts with User's rights
under the OSI License regarding the Software, the OSI License shall govern.
This Agreement applies only to the Binary Release and does not limit User's
ability to access, modify, or distribute the Software's source code or
self-compiled binaries. User may independently compile binaries from the
Software's source code without this Agreement, subject to OSI License terms.
User may redistribute the Binary Release received under this Agreement,
provided such redistribution complies with the OSI License (e.g., including
copyright and permission notices). This Agreement imposes no additional
restrictions on such rights.

5. Disclaimer of Warranty and Limitation of Liability

THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.