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LICENSE 8.9KB

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  1. CERN Open Hardware Licence v1.2
  2. Preamble
  3. Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN
  4. wishes to provide a tool to foster collaboration and sharing among
  5. hardware designers. The CERN OHL is copyright CERN. Anyone is welcome
  6. to use the CERN OHL, in unmodified form only, for the distribution of
  7. their own Open Hardware designs. Any other right is reserved. Release
  8. of hardware designs under the CERN OHL does not constitute an
  9. endorsement of the licensor or its designs nor does it imply any
  10. involvement by CERN in the development of such designs.
  11. 1. Definitions
  12. In this Licence, the following terms have the following meanings:
  13. “Licence” means this CERN OHL.
  14. “Documentation” means schematic diagrams, designs, circuit or circuit
  15. board layouts, mechanical drawings, flow charts and descriptive text,
  16. and other explanatory material that is explicitly stated as being made
  17. available under the conditions of this Licence. The Documentation may
  18. be in any medium, including but not limited to computer files and
  19. representations on paper, film, or any other media.
  20. “Documentation Location” means a location where the Licensor has
  21. placed Documentation, and which he believes will be publicly
  22. accessible for at least three years from the first communication to
  23. the public or distribution of Documentation.
  24. “Product” means either an entire, or any part of a, device built using
  25. the Documentation or the modified Documentation.
  26. “Licensee” means any natural or legal person exercising rights under
  27. this Licence.
  28. “Licensor” means any natural or legal person that creates or modifies
  29. Documentation and subsequently communicates to the public and/ or
  30. distributes the resulting Documentation under the terms and conditions
  31. of this Licence.
  32. A Licensee may at the same time be a Licensor, and vice versa.
  33. Use of the masculine gender includes the feminine and neuter genders
  34. and is employed solely to facilitate reading.
  35. 2. Applicability
  36. 2.1. This Licence governs the use, copying, modification,
  37. communication to the public and distribution of the Documentation, and
  38. the manufacture and distribution of Products. By exercising any right
  39. granted under this Licence, the Licensee irrevocably accepts these
  40. terms and conditions.
  41. 2.2. This Licence is granted by the Licensor directly to the Licensee,
  42. and shall apply worldwide and without limitation in time. The Licensee
  43. may assign his licence rights or grant sub-licences.
  44. 2.3. This Licence does not extend to software, firmware, or code
  45. loaded into programmable devices which may be used in conjunction with
  46. the Documentation, the modified Documentation or with Products, unless
  47. such software, firmware, or code is explicitly expressed to be subject
  48. to this Licence. The use of such software, firmware, or code is
  49. otherwise subject to the applicable licence terms and conditions.
  50. 3. Copying, modification, communication to the public and distribution
  51. of the Documentation
  52. 3.1. The Licensee shall keep intact all copyright and trademarks
  53. notices, all notices referring to Documentation Location, and all
  54. notices that refer to this Licence and to the disclaimer of warranties
  55. that are included in the Documentation. He shall include a copy
  56. thereof in every copy of the Documentation or, as the case may be,
  57. modified Documentation, that he communicates to the public or
  58. distributes.
  59. 3.2. The Licensee may copy, communicate to the public and distribute
  60. verbatim copies of the Documentation, in any medium, subject to the
  61. requirements specified in section 3.1.
  62. 3.3. The Licensee may modify the Documentation or any portion thereof
  63. provided that upon modification of the Documentation, the Licensee
  64. shall make the modified Documentation available from a Documentation
  65. Location such that it can be easily located by an original Licensor
  66. once the Licensee communicates to the public or distributes the
  67. modified Documentation under section 3.4, and, where required by
  68. section 4.1, by a recipient of a Product. However, the Licensor shall
  69. not assert his rights under the foregoing proviso unless or until a
  70. Product is distributed.
  71. 3.4. The Licensee may communicate to the public and distribute the
  72. modified Documentation (thereby in addition to being a Licensee also
  73. becoming a Licensor), always provided that he shall:
  74. a) comply with section 3.1;
  75. b) cause the modified Documentation to carry prominent notices stating
  76. that the Licensee has modified the Documentation, with the date and
  77. description of the modifications;
  78. c) cause the modified Documentation to carry a new Documentation
  79. Location notice if the original Documentation provided for one;
  80. d) make available the modified Documentation at the same level of
  81. abstraction as that of the Documentation, in the preferred format for
  82. making modifications to it (e.g. the native format of the CAD tool as
  83. applicable), and in the event that format is proprietary, in a format
  84. viewable with a tool licensed under an OSI-approved license if the
  85. proprietary tool can create it; and
  86. e) license the modified Documentation under the terms and conditions
  87. of this Licence or, where applicable, a later version of this Licence
  88. as may be issued by CERN.
  89. 3.5. The Licence includes a non-exclusive licence to those patents or
  90. registered designs that are held by, under the control of, or
  91. sub-licensable by the Licensor, to the extent necessary to make use of
  92. the rights granted under this Licence. The scope of this section 3.5
  93. shall be strictly limited to the parts of the Documentation or
  94. modified Documentation created by the Licensor.
  95. 4. Manufacture and distribution of Products
  96. 4.1. The Licensee may manufacture or distribute Products always
  97. provided that, where such manufacture or distribution requires a
  98. licence under this Licence the Licensee provides to each recipient of
  99. such Products an easy means of accessing a copy of the Documentation
  100. or modified Documentation, as applicable, as set out in section 3.
  101. 4.2. The Licensee is invited to inform any Licensor who has indicated
  102. his wish to receive this information about the type, quantity and
  103. dates of production of Products the Licensee has (had) manufactured
  104. 5. Warranty and liability
  105. 5.1. DISCLAIMER – The Documentation and any modified Documentation are
  106. provided "as is" and any express or implied warranties, including, but
  107. not limited to, implied warranties of merchantability, of satisfactory
  108. quality, non-infringement of third party rights, and fitness for a
  109. particular purpose or use are disclaimed in respect of the
  110. Documentation, the modified Documentation or any Product. The Licensor
  111. makes no representation that the Documentation, modified
  112. Documentation, or any Product, does or will not infringe any patent,
  113. copyright, trade secret or other proprietary right. The entire risk as
  114. to the use, quality, and performance of a Product shall be with the
  115. Licensee and not the Licensor. This disclaimer of warranty is an
  116. essential part of this Licence and a condition for the grant of any
  117. rights granted under this Licence. The Licensee warrants that it does
  118. not act in a consumer capacity.
  119. 5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability
  120. for direct, indirect, special, incidental, consequential, exemplary,
  121. punitive or other damages of any character including, without
  122. limitation, procurement of substitute goods or services, loss of use,
  123. data or profits, or business interruption, however caused and on any
  124. theory of contract, warranty, tort (including negligence), product
  125. liability or otherwise, arising in any way in relation to the
  126. Documentation, modified Documentation and/or the use, manufacture or
  127. distribution of a Product, even if advised of the possibility of such
  128. damages, and the Licensee shall hold the Licensor(s) free and harmless
  129. from any liability, costs, damages, fees and expenses, including
  130. claims by third parties, in relation to such use.
  131. 6. General
  132. 6.1. Except for the rights explicitly granted hereunder, this Licence
  133. does not imply or represent any transfer or assignment of intellectual
  134. property rights to the Licensee.
  135. 6.2. The Licensee shall not use or make reference to any of the names
  136. (including acronyms and abbreviations), images, or logos under which
  137. the Licensor is known, save in so far as required to comply with
  138. section 3. Any such permitted use or reference shall be factual and
  139. shall in no event suggest any kind of endorsement by the Licensor or
  140. its personnel of the modified Documentation or any Product, or any
  141. kind of implication by the Licensor or its personnel in the
  142. preparation of the modified Documentation or Product.
  143. 6.3. CERN may publish updated versions of this Licence which retain
  144. the same general provisions as this version, but differ in detail so
  145. far this is required and reasonable. New versions will be published
  146. with a unique version number.
  147. 6.4. This Licence shall terminate with immediate effect, upon written
  148. notice and without involvement of a court if the Licensee fails to
  149. comply with any of its terms and conditions, or if the Licensee
  150. initiates legal action against Licensor in relation to this
  151. Licence. Section 5 shall continue to apply.