				The OpenAirInterface Software Alliance (OSA)
					OAI Public License (Version 1.1)

LICENSE TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION OF OPENAIR 5G SOFTWARE.

1.	Definitions.

“License” shall mean the terms and conditions for use, reproduction, and distribution set forth 
in this document.

“Licensor” shall mean the OpenAirInterface Software Alliance.

“Legal Entity” shall mean the union, at the time an acting entity joins the Alliance, of the 
acting entity and all other entities that control, are controlled by, or are under common control 
with that entity. For the purposes of this definition, “control” means (i) the power, direct or 
indirect, to cause the direction or management of such entity, whether by contract or 
otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) 
beneficial ownership of such entity.

“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by 
this License.

“Source” form shall mean the preferred form for making modifications, including but not 
limited to software source code, documentation source, and configuration files.

“Object” form shall mean any form resulting from mechanical transformation or translation of 
a Source form, including but not limited to compiled object code, generated documentation, 
and conversions to other media types.

“OpenAirInterface Software Alliance” shall mean the endowment fund established at the 
initiative of Eurecom, an educational and research establishment located at Campus Sophia 
Tech, 450 Route des Chappes, 06410 Biot, France, which statutes were signed on 18 
November 2014.

“Work” shall mean the work of authorship, whether in Source or Object form, made available 
under the License, as indicated by a copyright notice that is included in or attached to the 
work (an example is provided in the Appendix below).

“Derivative Works” shall mean any work, whether in Source or Object form, that is based on 
(or derived from) the Work and for which the editorial revisions, annotations, elaborations, or 
other modifications represent, as a whole, an original work of authorship. For the purposes of 
this License, Derivative Works shall not include works that remain separable from, or merely 
link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

“Contribution” shall mean any work of authorship that is intentionally submitted to Licensor 
for inclusion in the Work by the copyright owner or by an individual or Legal Entity 
authorized to submit on behalf of the copyright owner. For the purposes of this definition, 
“submitted” means any form of electronic, , or written communication sent to the Licensor or 
its representatives, including but not limited to communication on electronic mailing lists, 
source code control systems, and issue tracking systems that are managed by, or on behalf of, 
the Licensor for the purpose of discussing and improving the Work

“Contributor License Agreement” shall mean the agreement signed by any Contributor setting 
forth the terms and conditions applicable to its Contribution. 

“Contributor” shall mean any individual or Legal Entity on behalf of whom a Contribution 
has been received by Licensor and subsequently incorporated within the Work.

2.	Grant of Copyright License.
Subject to the terms and conditions of this License, Licensor and each Contributor hereby 
grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable 
copyright license to reproduce, prepare Derivative Works of, publicly display, publicly 
perform, and distribute the Work and such Derivative Works in Source or Object form

3. 	Grant of Patent License.

3.1 Grant of Patent License for study, testing and research purposes:
Subject to the terms and conditions of this License, Licensor and each Contributor hereby 
grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable 
(except as stated in this section) patent license to make, have made, use, and otherwise 
transfer (excluding selling) the Work, solely for study, testing and research purposes, where 
such license applies only to those patent claims licensable by Licensor or such Contributor 
that are necessarily infringed respectively by the Work and/or the said Contributor 
Contribution(s) alone or by combination of their Contribution(s) with the Work  to which 
such Contribution(s) was submitted (“Essential Patents”).

3.2 Grant of Patent License for purposes other than study and research:
For purposes other than study, testing and research, and subject to the terms and conditions of 
this License, You commit to be prepared to negotiate a non-exclusive, non-transferable, non-
assignable license of Essential Patents with each Contributor and/or the Licensor on Fair, 
Reasonable and Non-Discriminatory (“FRAND”) terms and conditions for the use of the 
Work or Contribution(s) incorporated within the Work.
Licensor and/or each Contributor, by submitting a Contribution, will identify any of its known 
Essential Patent it owns related to the Work and/or its Contribution.

3.3 Patent Litigation
If You institute patent litigation against any entity making use of the Work solely for study, 
testing and research purposes (including a cross-claim or counterclaim in a lawsuit) alleging 
that the Work or a Contribution incorporated within the Work constitutes direct or 
contributory patent infringement, then the patent licenses granted to You under section 3.1 of 
this License for that Work shall terminate as of the date such litigation is filed.

4. Sublicensing
You may grant sublicenses under the licenses granted under sections 2 and 3.1 provided that 
the sublicense is subject to and inclusive of all the terms of and rights under this License to 
which the Work is or was distributed by the OpenAirInterface Software Alliance.

5. Redistribution
Subject to terms and conditions set forth in sections 2 and 3, You may reproduce and 
distribute copies of the Work or Derivative Works thereof in any medium, with or without 
modifications, and in Source or Object form, provided that You meet the following 
conditions:  

1. You must give any other recipients of the Work or Derivative Works a copy of this 
License; and

2. You must cause any modified files by You to carry prominent notices stating that You 
changed the files; and

3. You must retain, in the Source form of any Derivative Works that You distribute, all 
copyright, patent, trademark, and attribution notices from the Source form of the Work, 
excluding those notices that do not pertain to any part of the Derivative Works; and

4. If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative 
Works that You distribute must include a readable copy of the attribution notices contained 
within such NOTICE file, excluding those notices that do not pertain to any part of the 
Derivative Works, in at least one of the following places: within a NOTICE text file 
distributed as part of the Derivative Works; within the Source form or documentation, if 
provided along with the Derivative Works; or, within a display generated by the Derivative 
Works, if and wherever such third-party notices normally appear. The contents of the 
NOTICE file are for informational purposes only and do not modify the License. You may 
add Your own attribution notices within Derivative Works that You distribute, alongside or as 
an addendum to the NOTICE text from the Work, provided that such additional attribution 
notices cannot be construed as modifying the License. 
You may add Your own copyright statement to Your modifications and may provide 
additional or different license terms and conditions for use, reproduction, or distribution of 
Your modifications, or for any such Derivative Works as a whole, provided Your use, 
reproduction, and distribution of the Work otherwise complies with the conditions stated in 
this License.

6. Submission of Contributions. 
Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be 
under the terms and conditions of this License, without any additional terms or conditions. 
Notwithstanding the above, nothing herein shall supersede or modify the terms of any 
separate license agreement such as the Contributor License Agreement You may have 
executed with Licensor regarding such Contributions.

7. Trademarks. 
This License does not grant permission to use the trade names, trademarks, service marks, or 
product names of the Licensor, except as required for reasonable and customary use in 
describing the origin of the Work and reproducing the content of the NOTICE file.

8. Disclaimer of Warranty. 
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and 
each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT 
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, 
without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, 
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely 
responsible for determining the appropriateness of using or redistributing the Work and 
assume any risks associated with your exercise of permissions under this License.

9. Limitation of Liability. 
In no event and under no legal theory, whether in tort (including negligence), contract, or 
otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or 
agreed to in writing, shall Licensor and any Contributor, as such, be liable to You for 
damages, including any direct, indirect, special, incidental, or consequential damages of any 
character arising as a result of this License or out of Your use or inability to use the Work 
(including but not limited to damages for loss of goodwill, work stoppage, computer failure or 
malfunction, or any and all other commercial damages or losses), even if such Contributor has 
been advised of the possibility of such damages.

10. Accepting Warranty or Additional Liability. 
While redistributing the Work or Derivative Works thereof, You may choose to offer, and 
charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations 
and/or rights consistent with this License. However, in accepting such obligations, You may 
act only on Your own behalf and on Your sole responsibility, not on behalf of any other 
Contributor and/or the Licensor, and only if You agree to indemnify, defend, and hold each 
Contributor and/or the Licensor harmless for any liability incurred by, or claims asserted 
against, such Contributor and/or Licensor by reason of Your accepting any such warranty or 
additional liability.

11. Applicable law. 
The present license shall be governed by the laws of France.

END OF TERMS AND CONDITIONS

1.	APPENDIX: How to apply the PRESENT OPENAIR 5G License to your work
To apply the present License to your work, attach the following boilerplate notice, with the 
fields enclosed by brackets “[]” replaced with your own identifying information. (Don’t 
include the brackets!) The text should be enclosed in the appropriate comment syntax for the 
file format. We also recommend that a file or class name and description of purpose be 
included on the same “printed page” as the copyright notice for easier identification within 
third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the License terms and conditions for use, reproduction, and distribution of 
OPENAIR 5G software (the “License”);

you may not use this file except in compliance with the License. You may obtain a copy of 
the License at

Unless required by applicable law or agreed to in writing, software distributed under the 
License is distributed on an “AS IS” BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and limitations under the 
License.

