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Patent Non-Assertion Policy

Version 1.0 — Effective April 2026

Artem Boiko / DataDrivenConstruction.io ("Licensor") makes the following unilateral patent non-assertion commitment in respect of the OpenConstructionERP project.

1. Definitions

  • "Software" means the OpenConstructionERP source code, modules, workflows, Docker images, and official distribution artefacts under any of its licences (AGPL-3.0-or-later for the open-source edition; the DataDrivenConstruction commercial licence for customers who elect that path - see LICENSE, COMMERCIAL-LICENSE.md, and NOTICE).
  • "Patent Claim" means any claim of a patent now owned, controlled, or licensable by Licensor anywhere in the world.

2. Non-Assertion Commitment

Licensor covenants not to assert any Patent Claim against any person (the "User") using the Software, provided that:

(a) the Patent Claim reads on functionality of the Software as distributed by Licensor; (b) the User's use is consistent with the applicable licence (AGPL-3.0-or-later or an executed commercial licence).

This commitment runs with the Software: it benefits every User, including downstream recipients who obtain the Software from a third party, as long as the Software is the version as distributed by Licensor (or a modification that continues to implement the patented functionality substantially as distributed).

3. Termination for Patent Aggression

The commitment in Section 2 terminates automatically and immediately, with respect to the aggressor and any entity under common control with the aggressor, if that person initiates patent litigation (including cross-claims and counter-claims) against Licensor, against the Software, or against any contributor alleging that the Software or a contribution to the Software infringes a patent.

This mirrors the termination clause in Apache License 2.0 §3 and the defensive-termination mechanism of AGPL-3.0 §10.

4. Relationship to CLA

Contributors to OpenConstructionERP execute the Contributor Licence Agreement (see CLA.md), Section 3 of which grants Licensor a royalty-free, worldwide, irrevocable patent licence to their contributions. That grant flows to all recipients of the Software distributed by Licensor. Combined with this unilateral non-assertion policy, the project operates under a broad implicit patent peace for functionality as distributed.

5. Third-Party Patents

This policy covers patents owned or controlled by Licensor only. Patents held by upstream dependencies (FastAPI, SQLAlchemy, React, Vite, AG Grid, and other components listed in NOTICE and in the generated THIRD_PARTY_LICENSES.md) are governed by their respective licences.

Patents held by AI / LLM providers (Anthropic, OpenAI, Google, Mistral, Groq, DeepSeek) in respect of their hosted APIs are governed by each provider's terms of service. The Software does not grant, and does not purport to grant, any licence under those third-party patents.

6. No Waiver of Trademark Rights

This policy covers patents only. It does not licence any trademark. See TRADEMARK.md for the trademark policy covering OpenConstructionERP, OpenEstimate, DataDrivenConstruction, CWICR, and related marks.

7. Future Assignment

If Licensor transfers ownership of this project to a successor legal entity - including a German Unternehmergesellschaft (haftungsbeschränkt) (UG) or a Gesellschaft mit beschränkter Haftung (GmbH) formed by Artem Boiko - the successor is bound by this policy on the same terms as a condition of the transfer. Users of the Software acquire no lesser rights as a result of such assignment.

8. Contact

info@datadrivenconstruction.io