When procuring software and services under the framework agreement, a predefined set of terms and conditions automatically becomes part of the contract. These are comparable to conditions traditionally used in IT procurement, apart from the following terms specifically related to open source:
- The customer receives non-exclusive and indefinite rights to the Result, including a right to copy, modify, correct, and further develop the Result. The customer has the right to hire third parties in order to utilize the Result in accordance with the specified terms of use.
- The supplier must indicate to what extent the software license affects the customer’s rights to the Result.
- The supplier shall within 30 days after the customer’s acceptance of delivery provide all changes and additions back to the relevant communities. When the supplier provides the changes and additions, they must adhere to the conditions and practices of the community or company behind the software.
- The supplier is not entitled to transfer or assign the rights to the Result to the customer on terms that restrict, or goes beyond, the terms in the software license.
- Results in the form of source code, and any documents pertaining to the source code, delivered to the customer shall be published, publicly available, on the supplier’s public website. The supplier shall publish the Results within 30 days after the customer’s acceptance of delivery and be available throughout the Framework Agreement period.
- The supplier is responsible for ensuring that they have obtained the rights necessary for the execution of the assignment and delivery. The Supplier is also responsible for ensuring that the customer is not required to have any additional license or pay royalty payments for the customer’s use of the Result.
In addition, a model contract has been made available. It can serve as a starting point for the substantive agreement, elaborating the details in various annexes.