265 lines
13 KiB
Plaintext
265 lines
13 KiB
Plaintext
CERN Open Hardware Licence Version 2 - Strongly Reciprocal
|
|
|
|
|
|
Preamble
|
|
|
|
CERN has developed this licence to promote collaboration among hardware
|
|
designers and to provide a legal tool which supports the freedom to use,
|
|
study, modify, share and distribute hardware designs and products based on
|
|
those designs. Version 2 of the CERN Open Hardware Licence comes in three
|
|
variants: CERN-OHL-P (permissive); and two reciprocal licences: CERN-OHL-W
|
|
(weakly reciprocal) and this licence, CERN-OHL-S (strongly reciprocal).
|
|
|
|
The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in
|
|
unmodified form only.
|
|
|
|
Use of this Licence does not imply any endorsement by CERN of any Licensor or
|
|
their designs nor does it imply any involvement by CERN in their development.
|
|
|
|
|
|
1 Definitions
|
|
|
|
1.1 'Licence' means this CERN-OHL-S.
|
|
|
|
1.2 'Compatible Licence' means
|
|
|
|
a) any earlier version of the CERN Open Hardware licence, or
|
|
|
|
b) any version of the CERN-OHL-S, or
|
|
|
|
c) any licence which permits You to treat the Source to which it
|
|
applies as licensed under CERN-OHL-S provided that on Conveyance of
|
|
any such Source, or any associated Product You treat the Source in
|
|
question as being licensed under CERN-OHL-S.
|
|
|
|
1.3 'Source' means information such as design materials or digital code
|
|
which can be applied to Make or test a Product or to prepare a Product
|
|
for use, Conveyance or sale, regardless of its medium or how it is
|
|
expressed. It may include Notices.
|
|
|
|
1.4 'Covered Source' means Source that is explicitly made available under
|
|
this Licence.
|
|
|
|
1.5 'Product' means any device, component, work or physical object, whether
|
|
in finished or intermediate form, arising from the use, application or
|
|
processing of Covered Source.
|
|
|
|
1.6 'Make' means to create or configure something, whether by manufacture,
|
|
assembly, compiling, loading or applying Covered Source or another
|
|
Product or otherwise.
|
|
|
|
1.7 'Available Component' means any part, sub-assembly, library or code
|
|
which:
|
|
|
|
a) is licensed to You as Complete Source under a Compatible Licence; or
|
|
|
|
b) is available, at the time a Product or the Source containing it is
|
|
first Conveyed, to You and any other prospective licensees
|
|
|
|
i) as a physical part with sufficient rights and information
|
|
(including any configuration and programming files and
|
|
information about its characteristics and interfaces) to enable
|
|
it either to be Made itself, or to be sourced and used to Make
|
|
the Product; or
|
|
ii) as part of the normal distribution of a tool used to design or
|
|
Make the Product.
|
|
|
|
1.8 'Complete Source' means the set of all Source necessary to Make a
|
|
Product, in the preferred form for making modifications, including
|
|
necessary installation and interfacing information both for the Product,
|
|
and for any included Available Components. If the format is
|
|
proprietary, it must also be made available in a format (if the
|
|
proprietary tool can create it) which is viewable with a tool available
|
|
to potential licensees and licensed under a licence approved by the Free
|
|
Software Foundation or the Open Source Initiative. Complete Source need
|
|
not include the Source of any Available Component, provided that You
|
|
include in the Complete Source sufficient information to enable a
|
|
recipient to Make or source and use the Available Component to Make the
|
|
Product.
|
|
|
|
1.9 'Source Location' means a location where a Licensor has placed Covered
|
|
Source, and which that Licensor reasonably believes will remain easily
|
|
accessible for at least three years for anyone to obtain a digital copy.
|
|
|
|
1.10 'Notice' means copyright, acknowledgement and trademark notices, Source
|
|
Location references, modification notices (subsection 3.3(b)) and all
|
|
notices that refer to this Licence and to the disclaimer of warranties
|
|
that are included in the Covered Source.
|
|
|
|
1.11 'Licensee' or 'You' means any person exercising rights under this
|
|
Licence.
|
|
|
|
1.12 'Licensor' means a natural or legal person who creates or modifies
|
|
Covered Source. A person may be a Licensee and a Licensor at the same
|
|
time.
|
|
|
|
1.13 'Convey' means to communicate to the public or distribute.
|
|
|
|
|
|
2 Applicability
|
|
|
|
2.1 This Licence governs the use, copying, modification, Conveying of
|
|
Covered Source and Products, and the Making of Products. By exercising
|
|
any right granted under this Licence, You irrevocably accept these terms
|
|
and conditions.
|
|
|
|
2.2 This Licence is granted by the Licensor directly to You, and shall apply
|
|
worldwide and without limitation in time.
|
|
|
|
2.3 You shall not attempt to restrict by contract or otherwise the rights
|
|
granted under this Licence to other Licensees.
|
|
|
|
2.4 This Licence is not intended to restrict fair use, fair dealing, or any
|
|
other similar right.
|
|
|
|
|
|
3 Copying, Modifying and Conveying Covered Source
|
|
|
|
3.1 You may copy and Convey verbatim copies of Covered Source, in any
|
|
medium, provided You retain all Notices.
|
|
|
|
3.2 You may modify Covered Source, other than Notices, provided that You
|
|
irrevocably undertake to make that modified Covered Source available
|
|
from a Source Location should You Convey a Product in circumstances
|
|
where the recipient does not otherwise receive a copy of the modified
|
|
Covered Source. In each case subsection 3.3 shall apply.
|
|
|
|
You may only delete Notices if they are no longer applicable to the
|
|
corresponding Covered Source as modified by You and You may add
|
|
additional Notices applicable to Your modifications. Including Covered
|
|
Source in a larger work is modifying the Covered Source, and the larger
|
|
work becomes modified Covered Source.
|
|
|
|
3.3 You may Convey modified Covered Source (with the effect that You shall
|
|
also become a Licensor) provided that You:
|
|
|
|
a) retain Notices as required in subsection 3.2;
|
|
|
|
b) add a Notice to the modified Covered Source stating that You have
|
|
modified it, with the date and brief description of how You have
|
|
modified it;
|
|
|
|
c) add a Source Location Notice for the modified Covered Source if You
|
|
Convey in circumstances where the recipient does not otherwise
|
|
receive a copy of the modified Covered Source; and
|
|
|
|
d) license the modified Covered Source under the terms and conditions
|
|
of this Licence (or, as set out in subsection 8.3, a later version,
|
|
if permitted by the licence of the original Covered Source). Such
|
|
modified Covered Source must be licensed as a whole, but excluding
|
|
Available Components contained in it, which remain licensed under
|
|
their own applicable licences.
|
|
|
|
|
|
4 Making and Conveying Products
|
|
|
|
You may Make Products, and/or Convey them, provided that You either provide
|
|
each recipient with a copy of the Complete Source or ensure that each
|
|
recipient is notified of the Source Location of the Complete Source. That
|
|
Complete Source is Covered Source, and You must accordingly satisfy Your
|
|
obligations set out in subsection 3.3. If specified in a Notice, the Product
|
|
must visibly and securely display the Source Location on it or its packaging
|
|
or documentation in the manner specified in that Notice.
|
|
|
|
|
|
5 Research and Development
|
|
|
|
You may Convey Covered Source, modified Covered Source or Products to a legal
|
|
entity carrying out development, testing or quality assurance work on Your
|
|
behalf provided that the work is performed on terms which prevent the entity
|
|
from both using the Source or Products for its own internal purposes and
|
|
Conveying the Source or Products or any modifications to them to any person
|
|
other than You. Any modifications made by the entity shall be deemed to be
|
|
made by You pursuant to subsection 3.2.
|
|
|
|
|
|
6 DISCLAIMER AND LIABILITY
|
|
|
|
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products 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 any Source or
|
|
Product to the maximum extent permitted by law. The Licensor makes no
|
|
representation that any Source or Product does not or will not infringe
|
|
any patent, copyright, trade secret or other proprietary right. The
|
|
entire risk as to the use, quality, and performance of any Source or
|
|
Product shall be with You 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.
|
|
|
|
6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the
|
|
maximum extent permitted by law, 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 Covered Source, modified Covered Source
|
|
and/or the Making or Conveyance of a Product, even if advised of the
|
|
possibility of such damages, and You 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.
|
|
|
|
|
|
7 Patents
|
|
|
|
7.1 Subject to the terms and conditions of this Licence, each Licensor
|
|
hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
|
|
royalty-free, irrevocable (except as stated in subsections 7.2 and 8.4)
|
|
patent licence to Make, have Made, use, offer to sell, sell, import, and
|
|
otherwise transfer the Covered Source and Products, where such licence
|
|
applies only to those patent claims licensable by such Licensor that are
|
|
necessarily infringed by exercising rights under the Covered Source as
|
|
Conveyed by that Licensor.
|
|
|
|
7.2 If You institute patent litigation against any entity (including a
|
|
cross-claim or counterclaim in a lawsuit) alleging that the Covered
|
|
Source or a Product constitutes direct or contributory patent
|
|
infringement, or You seek any declaration that a patent licensed to You
|
|
under this Licence is invalid or unenforceable then any rights granted
|
|
to You under this Licence shall terminate as of the date such process is
|
|
initiated.
|
|
|
|
|
|
8 General
|
|
|
|
8.1 If any provisions of this Licence are or subsequently become invalid or
|
|
unenforceable for any reason, the remaining provisions shall remain
|
|
effective.
|
|
|
|
8.2 You shall not use any of the name (including acronyms and
|
|
abbreviations), image, or logo by which the Licensor or CERN is known,
|
|
except where needed to comply with section 3, or where the use is
|
|
otherwise allowed by law. Any such permitted use shall be factual and
|
|
shall not be made so as to suggest any kind of endorsement or
|
|
implication of involvement by the Licensor or its personnel.
|
|
|
|
8.3 CERN may publish updated versions and variants of this Licence which it
|
|
considers to be in the spirit of this version, but may differ in detail
|
|
to address new problems or concerns. New versions will be published with
|
|
a unique version number and a variant identifier specifying the variant.
|
|
If the Licensor has specified that a given variant applies to the
|
|
Covered Source without specifying a version, You may treat that Covered
|
|
Source as being released under any version of the CERN-OHL with that
|
|
variant. If no variant is specified, the Covered Source shall be treated
|
|
as being released under CERN-OHL-S. The Licensor may also specify that
|
|
the Covered Source is subject to a specific version of the CERN-OHL or
|
|
any later version in which case You may apply this or any later version
|
|
of CERN-OHL with the same variant identifier published by CERN.
|
|
|
|
8.4 This Licence shall terminate with immediate effect if You fail to comply
|
|
with any of its terms and conditions.
|
|
|
|
8.5 However, if You cease all breaches of this Licence, then Your Licence
|
|
from any Licensor is reinstated unless such Licensor has terminated this
|
|
Licence by giving You, while You remain in breach, a notice specifying
|
|
the breach and requiring You to cure it within 30 days, and You have
|
|
failed to come into compliance in all material respects by the end of
|
|
the 30 day period. Should You repeat the breach after receipt of a cure
|
|
notice and subsequent reinstatement, this Licence will terminate
|
|
immediately and permanently. Section 6 shall continue to apply after any
|
|
termination.
|
|
|
|
8.6 This Licence shall not be enforceable except by a Licensor acting as
|
|
such, and third party beneficiary rights are specifically excluded. |