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- CERN Open Hardware Licence v1.2
-
- Preamble
-
- Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN
- wishes to provide a tool to foster collaboration and sharing among
- hardware designers. The CERN OHL is copyright CERN. Anyone is welcome
- to use the CERN OHL, in unmodified form only, for the distribution of
- their own Open Hardware designs. Any other right is reserved. Release
- of hardware designs under the CERN OHL does not constitute an
- endorsement of the licensor or its designs nor does it imply any
- involvement by CERN in the development of such designs.
-
- 1. Definitions
-
- In this Licence, the following terms have the following meanings:
-
- “Licence” means this CERN OHL.
-
- “Documentation” means schematic diagrams, designs, circuit or circuit
- board layouts, mechanical drawings, flow charts and descriptive text,
- and other explanatory material that is explicitly stated as being made
- available under the conditions of this Licence. The Documentation may
- be in any medium, including but not limited to computer files and
- representations on paper, film, or any other media.
-
- “Documentation Location” means a location where the Licensor has
- placed Documentation, and which he believes will be publicly
- accessible for at least three years from the first communication to
- the public or distribution of Documentation.
-
- “Product” means either an entire, or any part of a, device built using
- the Documentation or the modified Documentation.
-
- “Licensee” means any natural or legal person exercising rights under
- this Licence.
-
- “Licensor” means any natural or legal person that creates or modifies
- Documentation and subsequently communicates to the public and/ or
- distributes the resulting Documentation under the terms and conditions
- of this Licence.
-
- A Licensee may at the same time be a Licensor, and vice versa.
-
- Use of the masculine gender includes the feminine and neuter genders
- and is employed solely to facilitate reading.
-
- 2. Applicability
-
- 2.1. This Licence governs the use, copying, modification,
- communication to the public and distribution of the Documentation, and
- the manufacture and distribution of Products. By exercising any right
- granted under this Licence, the Licensee irrevocably accepts these
- terms and conditions.
-
- 2.2. This Licence is granted by the Licensor directly to the Licensee,
- and shall apply worldwide and without limitation in time. The Licensee
- may assign his licence rights or grant sub-licences.
-
- 2.3. This Licence does not extend to software, firmware, or code
- loaded into programmable devices which may be used in conjunction with
- the Documentation, the modified Documentation or with Products, unless
- such software, firmware, or code is explicitly expressed to be subject
- to this Licence. The use of such software, firmware, or code is
- otherwise subject to the applicable licence terms and conditions.
-
- 3. Copying, modification, communication to the public and distribution
- of the Documentation
-
- 3.1. The Licensee shall keep intact all copyright and trademarks
- notices, all notices referring to Documentation Location, and all
- notices that refer to this Licence and to the disclaimer of warranties
- that are included in the Documentation. He shall include a copy
- thereof in every copy of the Documentation or, as the case may be,
- modified Documentation, that he communicates to the public or
- distributes.
-
- 3.2. The Licensee may copy, communicate to the public and distribute
- verbatim copies of the Documentation, in any medium, subject to the
- requirements specified in section 3.1.
-
- 3.3. The Licensee may modify the Documentation or any portion thereof
- provided that upon modification of the Documentation, the Licensee
- shall make the modified Documentation available from a Documentation
- Location such that it can be easily located by an original Licensor
- once the Licensee communicates to the public or distributes the
- modified Documentation under section 3.4, and, where required by
- section 4.1, by a recipient of a Product. However, the Licensor shall
- not assert his rights under the foregoing proviso unless or until a
- Product is distributed.
-
- 3.4. The Licensee may communicate to the public and distribute the
- modified Documentation (thereby in addition to being a Licensee also
- becoming a Licensor), always provided that he shall:
-
- a) comply with section 3.1;
-
- b) cause the modified Documentation to carry prominent notices stating
- that the Licensee has modified the Documentation, with the date and
- description of the modifications;
-
- c) cause the modified Documentation to carry a new Documentation
- Location notice if the original Documentation provided for one;
-
- d) make available the modified Documentation at the same level of
- abstraction as that of the Documentation, in the preferred format for
- making modifications to it (e.g. the native format of the CAD tool as
- applicable), and in the event that format is proprietary, in a format
- viewable with a tool licensed under an OSI-approved license if the
- proprietary tool can create it; and
-
- e) license the modified Documentation under the terms and conditions
- of this Licence or, where applicable, a later version of this Licence
- as may be issued by CERN.
-
- 3.5. The Licence includes a non-exclusive licence to those patents or
- registered designs that are held by, under the control of, or
- sub-licensable by the Licensor, to the extent necessary to make use of
- the rights granted under this Licence. The scope of this section 3.5
- shall be strictly limited to the parts of the Documentation or
- modified Documentation created by the Licensor.
-
- 4. Manufacture and distribution of Products
-
- 4.1. The Licensee may manufacture or distribute Products always
- provided that, where such manufacture or distribution requires a
- licence under this Licence the Licensee provides to each recipient of
- such Products an easy means of accessing a copy of the Documentation
- or modified Documentation, as applicable, as set out in section 3.
-
- 4.2. The Licensee is invited to inform any Licensor who has indicated
- his wish to receive this information about the type, quantity and
- dates of production of Products the Licensee has (had) manufactured
-
- 5. Warranty and liability
-
- 5.1. DISCLAIMER – The Documentation and any modified Documentation are
- provided "as is" and any express or implied warranties, including, but
- not limited to, implied warranties of merchantability, of satisfactory
- quality, non-infringement of third party rights, and fitness for a
- particular purpose or use are disclaimed in respect of the
- Documentation, the modified Documentation or any Product. The Licensor
- makes no representation that the Documentation, modified
- Documentation, or any Product, does or will not infringe any patent,
- copyright, trade secret or other proprietary right. The entire risk as
- to the use, quality, and performance of a Product shall be with the
- Licensee and not the Licensor. This disclaimer of warranty is an
- essential part of this Licence and a condition for the grant of any
- rights granted under this Licence. The Licensee warrants that it does
- not act in a consumer capacity.
-
- 5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability
- for direct, indirect, special, incidental, consequential, exemplary,
- punitive or other damages of any character including, without
- limitation, procurement of substitute goods or services, loss of use,
- data or profits, or business interruption, however caused and on any
- theory of contract, warranty, tort (including negligence), product
- liability or otherwise, arising in any way in relation to the
- Documentation, modified Documentation and/or the use, manufacture or
- distribution of a Product, even if advised of the possibility of such
- damages, and the Licensee shall hold the Licensor(s) free and harmless
- from any liability, costs, damages, fees and expenses, including
- claims by third parties, in relation to such use.
-
- 6. General
-
- 6.1. Except for the rights explicitly granted hereunder, this Licence
- does not imply or represent any transfer or assignment of intellectual
- property rights to the Licensee.
-
- 6.2. The Licensee shall not use or make reference to any of the names
- (including acronyms and abbreviations), images, or logos under which
- the Licensor is known, save in so far as required to comply with
- section 3. Any such permitted use or reference shall be factual and
- shall in no event suggest any kind of endorsement by the Licensor or
- its personnel of the modified Documentation or any Product, or any
- kind of implication by the Licensor or its personnel in the
- preparation of the modified Documentation or Product.
-
- 6.3. CERN may publish updated versions of this Licence which retain
- the same general provisions as this version, but differ in detail so
- far this is required and reasonable. New versions will be published
- with a unique version number.
-
- 6.4. This Licence shall terminate with immediate effect, upon written
- notice and without involvement of a court if the Licensee fails to
- comply with any of its terms and conditions, or if the Licensee
- initiates legal action against Licensor in relation to this
- Licence. Section 5 shall continue to apply.
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