Disclosure for State Entities Uploading Code or Data to the Open Source Portal

Introduction

By uploading code, data, or any other materials (collectively, "Materials") to the State of California’s Open Source Portal (the "Portal"), you acknowledge and agree to the terms and conditions outlined below. State entities uploading Materials to the Portal are required to ensure compliance with all applicable laws, regulations, and policies governing the use and sharing of such materials.

Ownership and Licensing

As a state entity, you retain ownership of the intellectual property rights in the Materials you upload, unless otherwise specified. By uploading Materials to the Portal, you grant the public a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, distribute, and publicly display the Materials in accordance with the terms of the applicable open-source license.
State entities must ensure that the Materials uploaded are either:

• Owned by the state entity and not subject to third-party intellectual property claims, or
• Properly licensed for open-source use, with clear documentation of any third-party dependencies or intellectual property rights that may apply

State entities must indicate the appropriate open-source license for each uploaded material (e.g., MIT, Apache 2.0, GPL). If no specific license is indicated, the default assumption is that the Materials are provided under a permissive open-source license such as the MIT License.

Compliance with Laws and Policies

State entities must ensure that the Materials uploaded comply with applicable federal, state, and local laws, including but not limited to:

• Intellectual Property: Ensure that the Materials do not infringe upon third-party intellectual property rights, including copyrights, patents, and trademarks
• Confidentiality and Privacy: Do not upload any materials that contain confidential, sensitive, or personally identifiable information (PII), unless the data has been appropriately anonymized or redacted
• California Public Records Act: State entities must be aware that any Materials uploaded to the Portal may be subject to California’s Public Records Act (PRA) and may be disclosed to the public, unless exempted by law

Representations and Warranties

By uploading Materials to the Portal, the state entity represents and warrants that:

• The Materials do not violate any applicable laws, regulations, or third-party rights
• The state entity has the legal right and authority to upload the Materials
• Any data shared through the Portal is anonymized or redacted in compliance with relevant privacy laws and policies
• The Materials do not contain any proprietary or confidential information unless disclosed in a legally permissible manner

Responsibility for Maintenance

State entities uploading Materials to the Portal are responsible for:

• Ensuring that the Materials are up-to-date and accurate at the time of upload
• Providing clear documentation for the Materials, including instructions for use, installation, and any dependencies
• Responding to issues, bugs, or questions raised by other users regarding the Materials uploaded to the Portal

State entities may choose to update or remove their uploaded Materials at any time, subject to the terms of the open-source license provided. However, once Materials are uploaded and made publicly available, they may continue to be used, modified, and distributed by others according to the terms of the open-source license.

No Warranty

The Materials uploaded to the Portal are provided “as-is,” and state entities make no representations or warranties regarding the quality, performance, or suitability of the Materials for any particular purpose. The State of California and any third parties using the Materials assume all risks associated with their use.

Contribution Guidelines

If state entities wish to allow others to contribute to the Materials uploaded to the Portal, they must provide clear guidelines for contributions. These guidelines should include:

• Acceptable formats for contributions (e.g., code, documentation)
• How contributors should submit their changes (e.g., via pull requests, issue tracking)
• Review and approval processes for contributions
• How intellectual property rights and licensing will be handled for contributions

Acknowledgement of Open Source Principles

State entities acknowledge the principles of open source software, including transparency, collaboration, and the sharing of knowledge and resources for public benefit. The Materials uploaded to the Portal are intended to promote public access to technology and encourage collaboration within the open-source community.

Removal of Materials

The State of California reserves the right to remove or restrict access to any Materials uploaded to the Portal that:

• Violate the terms of this agreement or any applicable laws
• Contain harmful, misleading, or offensive content
• Pose a security or operational risk to the Portal or its users
• Are no longer maintained or are outdated

State entities may also request the removal of their Materials from the Portal by submitting a formal request to the State of California’s Open Source Program office.

Contact Information

For questions or concerns about uploading Materials to the Portal, or for inquiries regarding the status of uploaded content, please contact the State of California’s Open Source Program office at:
Open Source Program Office