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1 | CERN Open Hardware Licence Version 2 - Strongly Reciprocal | ||
2 | |||
3 | |||
4 | Preamble | ||
5 | |||
6 | CERN has developed this licence to promote collaboration among | ||
7 | hardware designers and to provide a legal tool which supports the | ||
8 | freedom to use, study, modify, share and distribute hardware designs | ||
9 | and products based on those designs. Version 2 of the CERN Open | ||
10 | Hardware Licence comes in three variants: CERN-OHL-P (permissive); and | ||
11 | two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this | ||
12 | licence, CERN-OHL-S (strongly reciprocal). | ||
13 | |||
14 | The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in | ||
15 | unmodified form only. | ||
16 | |||
17 | Use of this Licence does not imply any endorsement by CERN of any | ||
18 | Licensor or their designs nor does it imply any involvement by CERN in | ||
19 | their development. | ||
20 | |||
21 | |||
22 | 1 Definitions | ||
23 | |||
24 | 1.1 'Licence' means this CERN-OHL-S. | ||
25 | |||
26 | 1.2 'Compatible Licence' means | ||
27 | |||
28 | a) any earlier version of the CERN Open Hardware licence, or | ||
29 | |||
30 | b) any version of the CERN-OHL-S, or | ||
31 | |||
32 | c) any licence which permits You to treat the Source to which | ||
33 | it applies as licensed under CERN-OHL-S provided that on | ||
34 | Conveyance of any such Source, or any associated Product You | ||
35 | treat the Source in question as being licensed under | ||
36 | CERN-OHL-S. | ||
37 | |||
38 | 1.3 'Source' means information such as design materials or digital | ||
39 | code which can be applied to Make or test a Product or to | ||
40 | prepare a Product for use, Conveyance or sale, regardless of its | ||
41 | medium or how it is expressed. It may include Notices. | ||
42 | |||
43 | 1.4 'Covered Source' means Source that is explicitly made available | ||
44 | under this Licence. | ||
45 | |||
46 | 1.5 'Product' means any device, component, work or physical object, | ||
47 | whether in finished or intermediate form, arising from the use, | ||
48 | application or processing of Covered Source. | ||
49 | |||
50 | 1.6 'Make' means to create or configure something, whether by | ||
51 | manufacture, assembly, compiling, loading or applying Covered | ||
52 | Source or another Product or otherwise. | ||
53 | |||
54 | 1.7 'Available Component' means any part, sub-assembly, library or | ||
55 | code which: | ||
56 | |||
57 | a) is licensed to You as Complete Source under a Compatible | ||
58 | Licence; or | ||
59 | |||
60 | b) is available, at the time a Product or the Source containing | ||
61 | it is first Conveyed, to You and any other prospective | ||
62 | licensees | ||
63 | |||
64 | i) as a physical part with sufficient rights and | ||
65 | information (including any configuration and | ||
66 | programming files and information about its | ||
67 | characteristics and interfaces) to enable it either to | ||
68 | be Made itself, or to be sourced and used to Make the | ||
69 | Product; or | ||
70 | ii) as part of the normal distribution of a tool used to | ||
71 | design or Make the Product. | ||
72 | |||
73 | 1.8 'Complete Source' means the set of all Source necessary to Make | ||
74 | a Product, in the preferred form for making modifications, | ||
75 | including necessary installation and interfacing information | ||
76 | both for the Product, and for any included Available Components. | ||
77 | If the format is proprietary, it must also be made available in | ||
78 | a format (if the proprietary tool can create it) which is | ||
79 | viewable with a tool available to potential licensees and | ||
80 | licensed under a licence approved by the Free Software | ||
81 | Foundation or the Open Source Initiative. Complete Source need | ||
82 | not include the Source of any Available Component, provided that | ||
83 | You include in the Complete Source sufficient information to | ||
84 | enable a recipient to Make or source and use the Available | ||
85 | Component to Make the Product. | ||
86 | |||
87 | 1.9 'Source Location' means a location where a Licensor has placed | ||
88 | Covered Source, and which that Licensor reasonably believes will | ||
89 | remain easily accessible for at least three years for anyone to | ||
90 | obtain a digital copy. | ||
91 | |||
92 | 1.10 'Notice' means copyright, acknowledgement and trademark notices, | ||
93 | Source Location references, modification notices (subsection | ||
94 | 3.3(b)) and all notices that refer to this Licence and to the | ||
95 | disclaimer of warranties that are included in the Covered | ||
96 | Source. | ||
97 | |||
98 | 1.11 'Licensee' or 'You' means any person exercising rights under | ||
99 | this Licence. | ||
100 | |||
101 | 1.12 'Licensor' means a natural or legal person who creates or | ||
102 | modifies Covered Source. A person may be a Licensee and a | ||
103 | Licensor at the same time. | ||
104 | |||
105 | 1.13 'Convey' means to communicate to the public or distribute. | ||
106 | |||
107 | |||
108 | 2 Applicability | ||
109 | |||
110 | 2.1 This Licence governs the use, copying, modification, Conveying | ||
111 | of Covered Source and Products, and the Making of Products. By | ||
112 | exercising any right granted under this Licence, You irrevocably | ||
113 | accept these terms and conditions. | ||
114 | |||
115 | 2.2 This Licence is granted by the Licensor directly to You, and | ||
116 | shall apply worldwide and without limitation in time. | ||
117 | |||
118 | 2.3 You shall not attempt to restrict by contract or otherwise the | ||
119 | rights granted under this Licence to other Licensees. | ||
120 | |||
121 | 2.4 This Licence is not intended to restrict fair use, fair dealing, | ||
122 | or any other similar right. | ||
123 | |||
124 | |||
125 | 3 Copying, modifying and Conveying Covered Source | ||
126 | |||
127 | 3.1 You may copy and Convey verbatim copies of Covered Source, in | ||
128 | any medium, provided You retain all Notices. | ||
129 | |||
130 | 3.2 You may modify Covered Source, other than Notices, provided that | ||
131 | You irrevocably undertake to make that modified Covered Source | ||
132 | available from a Source Location should You Convey a Product in | ||
133 | circumstances where the recipient does not otherwise receive a | ||
134 | copy of the modified Covered Source. In each case subsection 3.3 | ||
135 | shall apply. | ||
136 | |||
137 | You may only delete Notices if they are no longer applicable to | ||
138 | the corresponding Covered Source as modified by You and You may | ||
139 | add additional Notices applicable to Your modifications. | ||
140 | Including Covered Source in a larger work is modifying the | ||
141 | Covered Source, and the larger work becomes modified Covered | ||
142 | Source. | ||
143 | |||
144 | 3.3 You may Convey modified Covered Source (with the effect that You | ||
145 | shall also become a Licensor) provided that You: | ||
146 | |||
147 | a) retain Notices as required in subsection 3.2; | ||
148 | |||
149 | b) add a Notice to the modified Covered Source stating that You | ||
150 | have modified it, with the date and brief description of how | ||
151 | You have modified it; | ||
152 | |||
153 | c) add a Source Location Notice for the modified Covered Source | ||
154 | if You Convey in circumstances where the recipient does not | ||
155 | otherwise receive a copy of the modified Covered Source; and | ||
156 | |||
157 | d) license the modified Covered Source under the terms and | ||
158 | conditions of this Licence (or, as set out in subsection | ||
159 | 8.3, a later version, if permitted by the licence of the | ||
160 | original Covered Source). Such modified Covered Source must | ||
161 | be licensed as a whole, but excluding Available Components | ||
162 | contained in it, which remain licensed under their own | ||
163 | applicable licences. | ||
164 | |||
165 | |||
166 | 4 Making and Conveying Products | ||
167 | |||
168 | You may Make Products, and/or Convey them, provided that You either | ||
169 | provide each recipient with a copy of the Complete Source or ensure | ||
170 | that each recipient is notified of the Source Location of the Complete | ||
171 | Source. That Complete Source is Covered Source, and You must | ||
172 | accordingly satisfy Your obligations set out in subsection 3.3. If | ||
173 | specified in a Notice, the Product must visibly and securely display | ||
174 | the Source Location on it or its packaging or documentation in the | ||
175 | manner specified in that Notice. | ||
176 | |||
177 | |||
178 | 5 Research and Development | ||
179 | |||
180 | You may Convey Covered Source, modified Covered Source or Products to | ||
181 | a legal entity carrying out development, testing or quality assurance | ||
182 | work on Your behalf provided that the work is performed on terms which | ||
183 | prevent the entity from both using the Source or Products for its own | ||
184 | internal purposes and Conveying the Source or Products or any | ||
185 | modifications to them to any person other than You. Any modifications | ||
186 | made by the entity shall be deemed to be made by You pursuant to | ||
187 | subsection 3.2. | ||
188 | |||
189 | |||
190 | 6 DISCLAIMER AND LIABILITY | ||
191 | |||
192 | 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products | ||
193 | are provided 'as is' and any express or implied warranties, | ||
194 | including, but not limited to, implied warranties of | ||
195 | merchantability, of satisfactory quality, non-infringement of | ||
196 | third party rights, and fitness for a particular purpose or use | ||
197 | are disclaimed in respect of any Source or Product to the | ||
198 | maximum extent permitted by law. The Licensor makes no | ||
199 | representation that any Source or Product does not or will not | ||
200 | infringe any patent, copyright, trade secret or other | ||
201 | proprietary right. The entire risk as to the use, quality, and | ||
202 | performance of any Source or Product shall be with You and not | ||
203 | the Licensor. This disclaimer of warranty is an essential part | ||
204 | of this Licence and a condition for the grant of any rights | ||
205 | granted under this Licence. | ||
206 | |||
207 | 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to | ||
208 | the maximum extent permitted by law, have no liability for | ||
209 | direct, indirect, special, incidental, consequential, exemplary, | ||
210 | punitive or other damages of any character including, without | ||
211 | limitation, procurement of substitute goods or services, loss of | ||
212 | use, data or profits, or business interruption, however caused | ||
213 | and on any theory of contract, warranty, tort (including | ||
214 | negligence), product liability or otherwise, arising in any way | ||
215 | in relation to the Covered Source, modified Covered Source | ||
216 | and/or the Making or Conveyance of a Product, even if advised of | ||
217 | the possibility of such damages, and You shall hold the | ||
218 | Licensor(s) free and harmless from any liability, costs, | ||
219 | damages, fees and expenses, including claims by third parties, | ||
220 | in relation to such use. | ||
221 | |||
222 | |||
223 | 7 Patents | ||
224 | |||
225 | 7.1 Subject to the terms and conditions of this Licence, each | ||
226 | Licensor hereby grants to You a perpetual, worldwide, | ||
227 | non-exclusive, no-charge, royalty-free, irrevocable (except as | ||
228 | stated in subsections 7.2 and 8.4) patent license to Make, have | ||
229 | Made, use, offer to sell, sell, import, and otherwise transfer | ||
230 | the Covered Source and Products, where such licence applies only | ||
231 | to those patent claims licensable by such Licensor that are | ||
232 | necessarily infringed by exercising rights under the Covered | ||
233 | Source as Conveyed by that Licensor. | ||
234 | |||
235 | 7.2 If You institute patent litigation against any entity (including | ||
236 | a cross-claim or counterclaim in a lawsuit) alleging that the | ||
237 | Covered Source or a Product constitutes direct or contributory | ||
238 | patent infringement, or You seek any declaration that a patent | ||
239 | licensed to You under this Licence is invalid or unenforceable | ||
240 | then any rights granted to You under this Licence shall | ||
241 | terminate as of the date such process is initiated. | ||
242 | |||
243 | |||
244 | 8 General | ||
245 | |||
246 | 8.1 If any provisions of this Licence are or subsequently become | ||
247 | invalid or unenforceable for any reason, the remaining | ||
248 | provisions shall remain effective. | ||
249 | |||
250 | 8.2 You shall not use any of the name (including acronyms and | ||
251 | abbreviations), image, or logo by which the Licensor or CERN is | ||
252 | known, except where needed to comply with section 3, or where | ||
253 | the use is otherwise allowed by law. Any such permitted use | ||
254 | shall be factual and shall not be made so as to suggest any kind | ||
255 | of endorsement or implication of involvement by the Licensor or | ||
256 | its personnel. | ||
257 | |||
258 | 8.3 CERN may publish updated versions and variants of this Licence | ||
259 | which it considers to be in the spirit of this version, but may | ||
260 | differ in detail to address new problems or concerns. New | ||
261 | versions will be published with a unique version number and a | ||
262 | variant identifier specifying the variant. If the Licensor has | ||
263 | specified that a given variant applies to the Covered Source | ||
264 | without specifying a version, You may treat that Covered Source | ||
265 | as being released under any version of the CERN-OHL with that | ||
266 | variant. If no variant is specified, the Covered Source shall be | ||
267 | treated as being released under CERN-OHL-S. The Licensor may | ||
268 | also specify that the Covered Source is subject to a specific | ||
269 | version of the CERN-OHL or any later version in which case You | ||
270 | may apply this or any later version of CERN-OHL with the same | ||
271 | variant identifier published by CERN. | ||
272 | |||
273 | 8.4 This Licence shall terminate with immediate effect if You fail | ||
274 | to comply with any of its terms and conditions. | ||
275 | |||
276 | 8.5 However, if You cease all breaches of this Licence, then Your | ||
277 | Licence from any Licensor is reinstated unless such Licensor has | ||
278 | terminated this Licence by giving You, while You remain in | ||
279 | breach, a notice specifying the breach and requiring You to cure | ||
280 | it within 30 days, and You have failed to come into compliance | ||
281 | in all material respects by the end of the 30 day period. Should | ||
282 | You repeat the breach after receipt of a cure notice and | ||
283 | subsequent reinstatement, this Licence will terminate | ||
284 | immediately and permanently. Section 6 shall continue to apply | ||
285 | after any termination. | ||
286 | |||
287 | 8.6 This Licence shall not be enforceable except by a Licensor | ||
288 | acting as such, and third party beneficiary rights are | ||
289 | specifically excluded. | ||