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Author: alexch

README.md

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+# Clauses
+
 A collection of useful legal clauses for coding consultants or employees to put into their contracts. Written and/or solicited by <a href="http://alexchaffee.com">Alex Chaffee</a>. Available at <https://github.com/alexch/clauses>.
 
+Disclaimer: I AM NOT A LAWYER. You should run all this by your own legal counsel.
+
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   <a rel="license"
      href="http://creativecommons.org/publicdomain/zero/1.0/">

open-source-clause.txt open-source-clause.md

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 In plain English, this clause says "We use open source code, and if I happen to improve an open source library during the course of this contract, it's understood that I might want to turn it into a patch and resubmit it, as long as the patch won't violate the client's confidentiality or other proprietary IP".
 
-Note that the "at X's discretion" phrase is important: "at Consultant's discretion" means the Consultant is a professional and can patch at will; "at Company's discretion" might be interpreted to mean that the Company needs to be notified prior to patch submission and has power to veto.
+The Free and Open Source Clause is for clients who are paranoid about GPL virality.
+
+The Open Source Clause is preferred.
+
+Note that the "at X's discretion" phrase is important: "at Consultant's discretion" means the Consultant will use his or her professional/ethical judgement and can submit patches at will; "at Company's discretion" might be interpreted to mean that the Company needs to be notified prior to patch submission and has power to veto.
+
+---
+
+Open Source Clause
+
+**Open Source Software.**  It is understood that Consultant may, at
+Consultant's discretion, make use of libraries from various "Open
+Source" software products during the course of work. Consultant may
+submit back to such libraries any improvements ("patches") made to the
+Open Source Software during the course of work, as long as the
+submission of such patches violates neither the conditions in this
+Section, nor the Confidentiality provisions in Section XXX.
 
 ---
 
-Open Source Clause (for clients who are paranoid about GPL virality)
+Free and Open Source Clause
 
-Free and Open Source Software.  It is understood that Consultant may,
+**Free and Open Source Software.**  It is understood that Consultant may,
 at Company’s discretion, make use of libraries from various “open
 source” software products during the course of work, and that some
 such products may be subject to a license that requires, as a
 condition of distribution of such products, that such software or
 other software combined and/or distributed with such software be (x)
 disclosed or distributed in source code form; (y) licensed for the
 purpose of making derivative works; or (z) redistributable at no
-charge (“Free Software”).  In no event shall the source code from such
+charge ("Free Software").  In no event shall the source code from such
 Free Software be incorporated into the source code of any Work Product
 (including without limitation any unit test) or any other Deliverable
 without the prior written consent of Company.  Further, Consultant
 may, if required by the license of such Free Software, submit back to
-such libraries any improvements (“patches”) made to the Free Software
+such libraries any improvements ("patches") made to the Free Software
 during the course of work, as long as the submission of such patches
 violates neither the conditions in this Section, nor the
 Confidentiality provisions in Section XXX.
-
----
-
-Open Source Clause (simplified)
-
-Open Source Software.  It is understood that Consultant may, at
-Consultant's discretion, make use of libraries from various “Open
-Source” software products during the course of work. Consultant may
-submit back to such libraries any improvements (“patches”) made to the
-Open Source Software during the course of work, as long as the
-submission of such patches violates neither the conditions in this
-Section, nor the Confidentiality provisions in Section XXX.