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1 | The TAPR Open Hardware License | ||
2 | Version 1.0 (May 25, 2007) | ||
3 | Copyright 2007 TAPR - http://www.tapr.org/OHL | ||
4 | |||
5 | PREAMBLE | ||
6 | |||
7 | Open Hardware is a thing - a physical artifact, either electrical or | ||
8 | mechanical - whose design information is available to, and usable by, | ||
9 | the public in a way that allows anyone to make, modify, distribute, and | ||
10 | use that thing. In this preface, design information is called | ||
11 | "documentation" and things created from it are called "products." | ||
12 | |||
13 | The TAPR Open Hardware License ("OHL") agreement provides a legal | ||
14 | framework for Open Hardware projects. It may be used for any kind of | ||
15 | product, be it a hammer or a computer motherboard, and is TAPR's | ||
16 | contribution to the community; anyone may use the OHL for their Open | ||
17 | Hardware project. | ||
18 | |||
19 | Like the GNU General Public License, the OHL is designed to guarantee | ||
20 | your freedom to share and to create. It forbids anyone who receives | ||
21 | rights under the OHL to deny any other licensee those same rights to | ||
22 | copy, modify, and distribute documentation, and to make, use and | ||
23 | distribute products based on that documentation. | ||
24 | |||
25 | Unlike the GPL, the OHL is not primarily a copyright license. While | ||
26 | copyright protects documentation from unauthorized copying, modification, | ||
27 | and distribution, it has little to do with your right to make, distribute, | ||
28 | or use a product based on that documentation. For better or worse, patents | ||
29 | play a significant role in those activities. Although it does not prohibit | ||
30 | anyone from patenting inventions embodied in an Open Hardware design, and | ||
31 | of course cannot prevent a third party from enforcing their patent rights, | ||
32 | those who benefit from an OHL design may not bring lawsuits claiming that | ||
33 | design infringes their patents or other intellectual property. | ||
34 | |||
35 | The OHL addresses unique issues involved in the creation of tangible, | ||
36 | physical things, but does not cover software, firmware, or code loaded | ||
37 | into programmable devices. A copyright-oriented license such as the GPL | ||
38 | better suits these creations. | ||
39 | |||
40 | How can you use the OHL, or a design based upon it? While the terms and | ||
41 | conditions below take precedence over this preamble, here is a summary: | ||
42 | |||
43 | * You may modify the documentation and make products based upon it. | ||
44 | |||
45 | * You may use products for any legal purpose without limitation. | ||
46 | |||
47 | * You may distribute unmodified documentation, but you must include the | ||
48 | complete package as you received it. | ||
49 | |||
50 | * You may distribute products you make to third parties, if you either | ||
51 | include the documentation on which the product is based, or make it | ||
52 | available without charge for at least three years to anyone who requests | ||
53 | it. | ||
54 | |||
55 | * You may distribute modified documentation or products based on it, if | ||
56 | you: | ||
57 | * License your modifications under the OHL. | ||
58 | * Include those modifications, following the requirements stated | ||
59 | below. | ||
60 | * Attempt to send the modified documentation by email to any of the | ||
61 | developers who have provided their email address. This is a good | ||
62 | faith obligation - if the email fails, you need do nothing more | ||
63 | and may go on with your distribution. | ||
64 | |||
65 | * If you create a design that you want to license under the OHL, you | ||
66 | should: | ||
67 | * Include this document in a file named LICENSE (with the appropriate | ||
68 | extension) that is included in the documentation package. | ||
69 | * If the file format allows, include a notice like "Licensed under | ||
70 | the TAPR Open Hardware License (www.tapr.org/OHL)" in each | ||
71 | documentation file. While not required, you should also include | ||
72 | this notice on printed circuit board artwork and the product | ||
73 | itself; if space is limited the notice can be shortened or | ||
74 | abbreviated. | ||
75 | * Include a copyright notice in each file and on printed circuit | ||
76 | board artwork. | ||
77 | * If you wish to be notified of modifications that others may make, | ||
78 | include your email address in a file named "CONTRIB.TXT" or | ||
79 | something similar. | ||
80 | |||
81 | * Any time the OHL requires you to make documentation available to | ||
82 | others, you must include all the materials you received from the | ||
83 | upstream licensors. In addition, if you have modified the | ||
84 | documentation: | ||
85 | * You must identify the modifications in a text file (preferably | ||
86 | named "CHANGES.TXT") that you include with the documentation. | ||
87 | That file must also include a statement like "These modifications | ||
88 | are licensed under the TAPR Open Hardware License." | ||
89 | * You must include any new files you created, including any | ||
90 | manufacturing files (such as Gerber files) you create in the | ||
91 | course of making products. | ||
92 | * You must include both "before" and "after" versions of all files | ||
93 | you modified. | ||
94 | * You may include files in proprietary formats, but you must also | ||
95 | include open format versions (such as Gerber, ASCII, Postscript, | ||
96 | or PDF) if your tools can create them. | ||
97 | |||
98 | TERMS AND CONDITIONS | ||
99 | |||
100 | 1. Introduction | ||
101 | 1.1 This Agreement governs how you may use, copy, modify, and | ||
102 | distribute Documentation, and how you may make, have made, and | ||
103 | distribute Products based on that Documentation. As used in this | ||
104 | Agreement, to "distribute" Documentation means to directly or indirectly | ||
105 | make copies available to a third party, and to "distribute" Products | ||
106 | means to directly or indirectly give, loan, sell or otherwise transfer | ||
107 | them to a third party. | ||
108 | |||
109 | 1.2 "Documentation" includes: | ||
110 | (a) schematic diagrams; | ||
111 | (b) circuit or circuit board layouts, including Gerber and other | ||
112 | data files used for manufacture; | ||
113 | (c) mechanical drawings, including CAD, CAM, and other data files | ||
114 | used for manufacture; | ||
115 | (d) flow charts and descriptive text; and | ||
116 | (e) other explanatory material. | ||
117 | Documentation may be in any tangible or intangible form of expression, | ||
118 | including but not limited to computer files in open or proprietary | ||
119 | formats and representations on paper, film, or other media. | ||
120 | |||
121 | 1.3 "Products" include: | ||
122 | (a) circuit boards, mechanical assemblies, and other physical parts | ||
123 | and components; | ||
124 | (b) assembled or partially assembled units (including components | ||
125 | and subassemblies); and | ||
126 | (c) parts and components combined into kits intended for assembly | ||
127 | by others; | ||
128 | which are based in whole or in part on the Documentation. | ||
129 | |||
130 | 1.4 This Agreement applies to any Documentation which contains a | ||
131 | notice stating it is subject to the TAPR Open Hardware License, and to | ||
132 | all Products based in whole or in part on that Documentation. If | ||
133 | Documentation is distributed in an archive (such as a "zip" file) which | ||
134 | includes this document, all files in that archive are subject to this | ||
135 | Agreement unless they are specifically excluded. Each person who | ||
136 | contributes content to the Documentation is referred to in this | ||
137 | Agreement as a "Licensor." | ||
138 | |||
139 | 1.5 By (a) using, copying, modifying, or distributing the | ||
140 | Documentation, or (b) making or having Products made or distributing | ||
141 | them, you accept this Agreement, agree to comply with its terms, and | ||
142 | become a "Licensee." Any activity inconsistent with this Agreement will | ||
143 | automatically terminate your rights under it (including the immunities | ||
144 | from suit granted in Section 2), but the rights of others who have | ||
145 | received Documentation, or have obtained Products, directly or | ||
146 | indirectly from you will not be affected so long as they fully comply | ||
147 | with it themselves. | ||
148 | |||
149 | 1.6 This Agreement does not apply to software, firmware, or code | ||
150 | loaded into programmable devices which may be used in conjunction with | ||
151 | Documentation or Products. Such software is subject to the license | ||
152 | terms established by its copyright holder(s). | ||
153 | |||
154 | 2. Patents | ||
155 | 2.1 Each Licensor grants you, every other Licensee, and every | ||
156 | possessor or user of Products a perpetual, worldwide, and royalty-free | ||
157 | immunity from suit under any patent, patent application, or other | ||
158 | intellectual property right which he or she controls, to the extent | ||
159 | necessary to make, have made, possess, use, and distribute Products. | ||
160 | This immunity does not extend to infringement arising from modifications | ||
161 | subsequently made by others. | ||
162 | |||
163 | 2.2 If you make or have Products made, or distribute Documentation | ||
164 | that you have modified, you grant every Licensor, every other Licensee, | ||
165 | and every possessor or user of Products a perpetual, worldwide, and | ||
166 | royalty-free immunity from suit under any patent, patent application, or | ||
167 | other intellectual property right which you control, to the extent | ||
168 | necessary to make, have made, possess, use, and distribute Products. | ||
169 | This immunity does not extend to infringement arising from modifications | ||
170 | subsequently made by others. | ||
171 | |||
172 | 2.3 To avoid doubt, providing Documentation to a third party for the | ||
173 | sole purpose of having that party make Products on your behalf is not | ||
174 | considered "distribution,"\" and a third party's act of making Products | ||
175 | solely on your behalf does not cause that party to grant the immunity | ||
176 | described in the preceding paragraph. | ||
177 | |||
178 | 2.4 These grants of immunity are a material part of this Agreement, | ||
179 | and form a portion of the consideration given by each party to the | ||
180 | other. If any court judgment or legal agreement prevents you from | ||
181 | granting the immunity required by this Section, your rights under this | ||
182 | Agreement will terminate and you may no longer use, copy, modify or | ||
183 | distribute the Documentation, or make, have made, or distribute | ||
184 | Products. | ||
185 | |||
186 | 3. Modifications | ||
187 | You may modify the Documentation, and those modifications will become | ||
188 | part of the Documentation. They are subject to this Agreement, as are | ||
189 | Products based in whole or in part on them. If you distribute the | ||
190 | modified Documentation, or Products based in whole or in part upon it, | ||
191 | you must email the modified Documentation in a form compliant with | ||
192 | Section 4 to each Licensor who has provided an email address with the | ||
193 | Documentation. Attempting to send the email completes your obligations | ||
194 | under this Section and you need take no further action if any address | ||
195 | fails. | ||
196 | |||
197 | 4. Distributing Documentation | ||
198 | 4.1 You may distribute unmodified copies of the Documentation in its | ||
199 | entirety in any medium, provided that you retain all copyright and other | ||
200 | notices (including references to this Agreement) included by each | ||
201 | Licensor, and include an unaltered copy of this Agreement. | ||
202 | 4.2 You may distribute modified copies of the Documentation if you | ||
203 | comply with all the requirements of the preceding paragraph and: | ||
204 | (a) include a prominent notice in an ASCII or other open format | ||
205 | file identifying those elements of the Documentation that you | ||
206 | changed, and stating that the modifications are licensed under | ||
207 | the terms of this Agreement; | ||
208 | (b) include all new documentation files that you create, as well as | ||
209 | both the original and modified versions of each file you change | ||
210 | (files may be in your development tool's native file format, | ||
211 | but if reasonably possible, you must also include open format, | ||
212 | such as Gerber, ASCII, Postscript, or PDF, versions); | ||
213 | (c) do not change the terms of this Agreement with respect to | ||
214 | subsequent licensees; and | ||
215 | (d) if you make or have Products made, include in the Documentation | ||
216 | all elements reasonably required to permit others to make | ||
217 | Products, including Gerber, CAD/CAM and other files used for | ||
218 | manufacture. | ||
219 | |||
220 | 5. Making Products | ||
221 | 5.1 You may use the Documentation to make or have Products made, | ||
222 | provided that each Product retains any notices included by the Licensor | ||
223 | (including, but not limited to, copyright notices on circuit boards). | ||
224 | 5.2 You may distribute Products you make or have made, provided that | ||
225 | you include with each unit a copy of the Documentation in a form | ||
226 | consistent with Section 4. Alternatively, you may include either (i) an | ||
227 | offer valid for at least three years to provide that Documentation, at | ||
228 | no charge other than the reasonable cost of media and postage, to any | ||
229 | person who requests it; or (ii) a URL where that Documentation may be | ||
230 | downloaded, available for at least three years after you last distribute | ||
231 | the Product. | ||
232 | |||
233 | 6. NEW LICENSE VERSIONS | ||
234 | TAPR may publish updated versions of the OHL which retain the same | ||
235 | general provisions as the present version, but differ in detail to | ||
236 | address new problems or concerns, and carry a distinguishing version | ||
237 | number. If the Documentation specifies a version number which applies | ||
238 | to it and "any later version", you may choose either that version or any | ||
239 | later version published by TAPR. If the Documentation does not specify | ||
240 | a version number, you may choose any version ever published by TAPR. | ||
241 | TAPR owns the copyright to the OHL, but grants permission to any person | ||
242 | to copy, distribute, and use it in unmodified form. | ||
243 | |||
244 | 7. WARRANTY AND LIABILITY LIMITATIONS | ||
245 | 7.1 THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT | ||
246 | WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL | ||
247 | WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY | ||
248 | WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND | ||
249 | TITLE, ARE HEREBY EXPRESSLY DISCLAIMED. | ||
250 | 7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR | ||
251 | BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, | ||
252 | INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF | ||
253 | THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS, | ||
254 | INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY | ||
255 | INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE | ||
256 | POSSIBILITY OF SUCH DAMAGES. | ||
257 | 7.3 You agree that the foregoing limitations are reasonable due to | ||
258 | the non-financial nature of the transaction represented by this | ||
259 | Agreement, and acknowledge that were it not for these limitations, the | ||
260 | Licensor(s) would not be willing to make the Documentation available to | ||
261 | you. | ||
262 | 7.4 You agree to defend, indemnify, and hold each Licensor harmless | ||
263 | from any claim brought by a third party alleging any defect in the | ||
264 | design, manufacture, or operation of any Product which you make, have | ||
265 | made, or distribute pursuant to this Agreement. | ||
266 | #### | ||