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1 | CERN Open Hardware Licence Version 2 - Weakly Reciprocal | ||
2 | |||
3 | Preamble | ||
4 | |||
5 | CERN has developed this licence to promote collaboration among | ||
6 | hardware designers and to provide a legal tool which supports the | ||
7 | freedom to use, study, modify, share and distribute hardware designs | ||
8 | and products based on those designs. Version 2 of the CERN Open | ||
9 | Hardware Licence comes in three variants: CERN-OHL-P (permissive); and | ||
10 | two reciprocal licences: this licence, CERN- OHL-W (weakly reciprocal) | ||
11 | and CERN-OHL-S (strongly reciprocal). | ||
12 | |||
13 | The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in | ||
14 | unmodified form only. | ||
15 | |||
16 | Use of this Licence does not imply any endorsement by CERN of any | ||
17 | Licensor or their designs nor does it imply any involvement by CERN in | ||
18 | their development. | ||
19 | |||
20 | |||
21 | 1 Definitions | ||
22 | |||
23 | 1.1 'Licence' means this CERN-OHL-W. | ||
24 | |||
25 | 1.2 'Compatible Licence' means | ||
26 | |||
27 | a) any earlier version of the CERN Open Hardware licence, or | ||
28 | |||
29 | b) any version of the CERN-OHL-S or the CERN-OHL-W, or | ||
30 | |||
31 | c) any licence which permits You to treat the Source to which | ||
32 | it applies as licensed under CERN-OHL-S or CERN-OHL-W | ||
33 | provided that on Conveyance of any such Source, or any | ||
34 | associated Product You treat the Source in question as being | ||
35 | licensed under CERN-OHL-S or CERN-OHL-W as appropriate. | ||
36 | |||
37 | 1.3 'Source' means information such as design materials or digital | ||
38 | code which can be applied to Make or test a Product or to | ||
39 | prepare a Product for use, Conveyance or sale, regardless of its | ||
40 | medium or how it is expressed. It may include Notices. | ||
41 | |||
42 | 1.4 'Covered Source' means Source that is explicitly made available | ||
43 | under this Licence. | ||
44 | |||
45 | 1.5 'Product' means any device, component, work or physical object, | ||
46 | whether in finished or intermediate form, arising from the use, | ||
47 | application or processing of Covered Source. | ||
48 | |||
49 | 1.6 'Make' means to create or configure something, whether by | ||
50 | manufacture, assembly, compiling, loading or applying Covered | ||
51 | Source or another Product or otherwise. | ||
52 | |||
53 | 1.7 'Available Component' means any part, sub-assembly, library or | ||
54 | code which: | ||
55 | |||
56 | a) is licensed to You as Complete Source under a Compatible | ||
57 | Licence; or | ||
58 | |||
59 | b) is available, at the time a Product or the Source containing | ||
60 | it is first Conveyed, to You and any other prospective | ||
61 | licensees | ||
62 | |||
63 | i) with sufficient rights and information (including any | ||
64 | configuration and programming files and information | ||
65 | about its characteristics and interfaces) to enable it | ||
66 | either to be Made itself, or to be sourced and used to | ||
67 | Make the Product; or | ||
68 | ii) as part of the normal distribution of a tool used to | ||
69 | design or Make the Product. | ||
70 | |||
71 | 1.8 'External Material' means anything (including Source) which: | ||
72 | |||
73 | a) is only combined with Covered Source in such a way that it | ||
74 | interfaces with the Covered Source using a documented | ||
75 | interface which is described in the Covered Source; and | ||
76 | |||
77 | b) is not a derivative of or contains Covered Source, or, if it | ||
78 | is, it is solely to the extent necessary to facilitate such | ||
79 | interfacing. | ||
80 | |||
81 | 1.9 'Complete Source' means the set of all Source necessary to Make | ||
82 | a Product, in the preferred form for making modifications, | ||
83 | including necessary installation and interfacing information | ||
84 | both for the Product, and for any included Available Components. | ||
85 | If the format is proprietary, it must also be made available in | ||
86 | a format (if the proprietary tool can create it) which is | ||
87 | viewable with a tool available to potential licensees and | ||
88 | licensed under a licence approved by the Free Software | ||
89 | Foundation or the Open Source Initiative. Complete Source need | ||
90 | not include the Source of any Available Component, provided that | ||
91 | You include in the Complete Source sufficient information to | ||
92 | enable a recipient to Make or source and use the Available | ||
93 | Component to Make the Product. | ||
94 | |||
95 | 1.10 'Source Location' means a location where a Licensor has placed | ||
96 | Covered Source, and which that Licensor reasonably believes will | ||
97 | remain easily accessible for at least three years for anyone to | ||
98 | obtain a digital copy. | ||
99 | |||
100 | 1.11 'Notice' means copyright, acknowledgement and trademark notices, | ||
101 | Source Location references, modification notices (subsection | ||
102 | 3.3(b)) and all notices that refer to this Licence and to the | ||
103 | disclaimer of warranties that are included in the Covered | ||
104 | Source. | ||
105 | |||
106 | 1.12 'Licensee' or 'You' means any person exercising rights under | ||
107 | this Licence. | ||
108 | |||
109 | 1.13 'Licensor' means a natural or legal person who creates or | ||
110 | modifies Covered Source. A person may be a Licensee and a | ||
111 | Licensor at the same time. | ||
112 | |||
113 | 1.14 'Convey' means to communicate to the public or distribute. | ||
114 | |||
115 | |||
116 | 2 Applicability | ||
117 | |||
118 | 2.1 This Licence governs the use, copying, modification, Conveying | ||
119 | of Covered Source and Products, and the Making of Products. By | ||
120 | exercising any right granted under this Licence, You irrevocably | ||
121 | accept these terms and conditions. | ||
122 | |||
123 | 2.2 This Licence is granted by the Licensor directly to You, and | ||
124 | shall apply worldwide and without limitation in time. | ||
125 | |||
126 | 2.3 You shall not attempt to restrict by contract or otherwise the | ||
127 | rights granted under this Licence to other Licensees. | ||
128 | |||
129 | 2.4 This Licence is not intended to restrict fair use, fair dealing, | ||
130 | or any other similar right. | ||
131 | |||
132 | |||
133 | 3 Copying, modifying and Conveying Covered Source | ||
134 | |||
135 | 3.1 You may copy and Convey verbatim copies of Covered Source, in | ||
136 | any medium, provided You retain all Notices. | ||
137 | |||
138 | 3.2 You may modify Covered Source, other than Notices, provided that | ||
139 | You irrevocably undertake to make that modified Covered Source | ||
140 | available from a Source Location should You Convey a Product in | ||
141 | circumstances where the recipient does not otherwise receive a | ||
142 | copy of the modified Covered Source. In each case subsection 3.3 | ||
143 | shall apply. | ||
144 | |||
145 | You may only delete Notices if they are no longer applicable to | ||
146 | the corresponding Covered Source as modified by You and You may | ||
147 | add additional Notices applicable to Your modifications. | ||
148 | |||
149 | 3.3 You may Convey modified Covered Source (with the effect that You | ||
150 | shall also become a Licensor) provided that You: | ||
151 | |||
152 | a) retain Notices as required in subsection 3.2; | ||
153 | |||
154 | b) add a Notice to the modified Covered Source stating that You | ||
155 | have modified it, with the date and brief description of how | ||
156 | You have modified it; | ||
157 | |||
158 | c) add a Source Location Notice for the modified Covered Source | ||
159 | if You Convey in circumstances where the recipient does not | ||
160 | otherwise receive a copy of the modified Covered Source; and | ||
161 | |||
162 | d) license the modified Covered Source under the terms and | ||
163 | conditions of this Licence (or, as set out in subsection | ||
164 | 8.3, a later version, if permitted by the licence of the | ||
165 | original Covered Source). Such modified Covered Source must | ||
166 | be licensed as a whole, but excluding Available Components | ||
167 | contained in it or External Material to which it is | ||
168 | interfaced, which remain licensed under their own applicable | ||
169 | licences. | ||
170 | |||
171 | |||
172 | 4 Making and Conveying Products | ||
173 | |||
174 | 4.1 You may Make Products, and/or Convey them, provided that You | ||
175 | either provide each recipient with a copy of the Complete Source | ||
176 | or ensure that each recipient is notified of the Source Location | ||
177 | of the Complete Source. That Complete Source includes Covered | ||
178 | Source and You must accordingly satisfy Your obligations set out | ||
179 | in subsection 3.3. If specified in a Notice, the Product must | ||
180 | visibly and securely display the Source Location on it or its | ||
181 | packaging or documentation in the manner specified in that | ||
182 | Notice. | ||
183 | |||
184 | 4.2 Where You Convey a Product which incorporates External Material, | ||
185 | the Complete Source for that Product which You are required to | ||
186 | provide under subsection 4.1 need not include any Source for the | ||
187 | External Material. | ||
188 | |||
189 | 4.3 You may license Products under terms of Your choice, provided | ||
190 | that such terms do not restrict or attempt to restrict any | ||
191 | recipients' rights under this Licence to the Covered Source. | ||
192 | |||
193 | |||
194 | 5 Research and Development | ||
195 | |||
196 | You may Convey Covered Source, modified Covered Source or Products to | ||
197 | a legal entity carrying out development, testing or quality assurance | ||
198 | work on Your behalf provided that the work is performed on terms which | ||
199 | prevent the entity from both using the Source or Products for its own | ||
200 | internal purposes and Conveying the Source or Products or any | ||
201 | modifications to them to any person other than You. Any modifications | ||
202 | made by the entity shall be deemed to be made by You pursuant to | ||
203 | subsection 3.2. | ||
204 | |||
205 | |||
206 | 6 DISCLAIMER AND LIABILITY | ||
207 | |||
208 | 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products | ||
209 | are provided 'as is' and any express or implied warranties, | ||
210 | including, but not limited to, implied warranties of | ||
211 | merchantability, of satisfactory quality, non-infringement of | ||
212 | third party rights, and fitness for a particular purpose or use | ||
213 | are disclaimed in respect of any Source or Product to the | ||
214 | maximum extent permitted by law. The Licensor makes no | ||
215 | representation that any Source or Product does not or will not | ||
216 | infringe any patent, copyright, trade secret or other | ||
217 | proprietary right. The entire risk as to the use, quality, and | ||
218 | performance of any Source or Product shall be with You and not | ||
219 | the Licensor. This disclaimer of warranty is an essential part | ||
220 | of this Licence and a condition for the grant of any rights | ||
221 | granted under this Licence. | ||
222 | |||
223 | 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to | ||
224 | the maximum extent permitted by law, have no liability for | ||
225 | direct, indirect, special, incidental, consequential, exemplary, | ||
226 | punitive or other damages of any character including, without | ||
227 | limitation, procurement of substitute goods or services, loss of | ||
228 | use, data or profits, or business interruption, however caused | ||
229 | and on any theory of contract, warranty, tort (including | ||
230 | negligence), product liability or otherwise, arising in any way | ||
231 | in relation to the Covered Source, modified Covered Source | ||
232 | and/or the Making or Conveyance of a Product, even if advised of | ||
233 | the possibility of such damages, and You shall hold the | ||
234 | Licensor(s) free and harmless from any liability, costs, | ||
235 | damages, fees and expenses, including claims by third parties, | ||
236 | in relation to such use. | ||
237 | |||
238 | |||
239 | 7 Patents | ||
240 | |||
241 | 7.1 Subject to the terms and conditions of this Licence, each | ||
242 | Licensor hereby grants to You a perpetual, worldwide, | ||
243 | non-exclusive, no-charge, royalty-free, irrevocable (except as | ||
244 | stated in subsections 7.2 and 8.4) patent license to Make, have | ||
245 | Made, use, offer to sell, sell, import, and otherwise transfer | ||
246 | the Covered Source and Products, where such licence applies only | ||
247 | to those patent claims licensable by such Licensor that are | ||
248 | necessarily infringed by exercising rights under the Covered | ||
249 | Source as Conveyed by that Licensor. | ||
250 | |||
251 | 7.2 If You institute patent litigation against any entity (including | ||
252 | a cross-claim or counterclaim in a lawsuit) alleging that the | ||
253 | Covered Source or a Product constitutes direct or contributory | ||
254 | patent infringement, or You seek any declaration that a patent | ||
255 | licensed to You under this Licence is invalid or unenforceable | ||
256 | then any rights granted to You under this Licence shall | ||
257 | terminate as of the date such process is initiated. | ||
258 | |||
259 | |||
260 | 8 General | ||
261 | |||
262 | 8.1 If any provisions of this Licence are or subsequently become | ||
263 | invalid or unenforceable for any reason, the remaining | ||
264 | provisions shall remain effective. | ||
265 | |||
266 | 8.2 You shall not use any of the name (including acronyms and | ||
267 | abbreviations), image, or logo by which the Licensor or CERN is | ||
268 | known, except where needed to comply with section 3, or where | ||
269 | the use is otherwise allowed by law. Any such permitted use | ||
270 | shall be factual and shall not be made so as to suggest any kind | ||
271 | of endorsement or implication of involvement by the Licensor or | ||
272 | its personnel. | ||
273 | |||
274 | 8.3 CERN may publish updated versions and variants of this Licence | ||
275 | which it considers to be in the spirit of this version, but may | ||
276 | differ in detail to address new problems or concerns. New | ||
277 | versions will be published with a unique version number and a | ||
278 | variant identifier specifying the variant. If the Licensor has | ||
279 | specified that a given variant applies to the Covered Source | ||
280 | without specifying a version, You may treat that Covered Source | ||
281 | as being released under any version of the CERN-OHL with that | ||
282 | variant. If no variant is specified, the Covered Source shall be | ||
283 | treated as being released under CERN-OHL-S. The Licensor may | ||
284 | also specify that the Covered Source is subject to a specific | ||
285 | version of the CERN-OHL or any later version in which case You | ||
286 | may apply this or any later version of CERN-OHL with the same | ||
287 | variant identifier published by CERN. | ||
288 | |||
289 | You may treat Covered Source licensed under CERN-OHL-W as | ||
290 | licensed under CERN-OHL-S if and only if all Available | ||
291 | Components referenced in the Covered Source comply with the | ||
292 | corresponding definition of Available Component for CERN-OHL-S. | ||
293 | |||
294 | 8.4 This Licence shall terminate with immediate effect if You fail | ||
295 | to comply with any of its terms and conditions. | ||
296 | |||
297 | 8.5 However, if You cease all breaches of this Licence, then Your | ||
298 | Licence from any Licensor is reinstated unless such Licensor has | ||
299 | terminated this Licence by giving You, while You remain in | ||
300 | breach, a notice specifying the breach and requiring You to cure | ||
301 | it within 30 days, and You have failed to come into compliance | ||
302 | in all material respects by the end of the 30 day period. Should | ||
303 | You repeat the breach after receipt of a cure notice and | ||
304 | subsequent reinstatement, this Licence will terminate | ||
305 | immediately and permanently. Section 6 shall continue to apply | ||
306 | after any termination. | ||
307 | |||
308 | 8.6 This Licence shall not be enforceable except by a Licensor | ||
309 | acting as such, and third party beneficiary rights are | ||
310 | specifically excluded. | ||