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treeeb0c5de3c7841c207c9bc86d54483b20bf4edc95 /options/license/TAPR-OHL-1.0
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downloadgitea-e35a2b65bcc01b3fd88f8764664eee7f958b9812.tar.gz
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-The TAPR Open Hardware License Version 1.0 (May 25, 2007) Copyright 2007 TAPR
-- http://www.tapr.org/OHL
+The TAPR Open Hardware License
+Version 1.0 (May 25, 2007)
+Copyright 2007 TAPR - http://www.tapr.org/OHL
PREAMBLE
-Open Hardware is a thing - a physical artifact, either electrical or mechanical
-- whose design information is available to, and usable by, the public in a
-way that allows anyone to make, modify, distribute, and use that thing. In
-this preface, design information is called "documentation" and things created
-from it are called "products."
-
-The TAPR Open Hardware License ("OHL") agreement provides a legal framework
-for Open Hardware projects. It may be used for any kind of product, be it
-a hammer or a computer motherboard, and is TAPR's contribution to the community;
-anyone may use the OHL for their Open Hardware project.
-
-Like the GNU General Public License, the OHL is designed to guarantee your
-freedom to share and to create. It forbids anyone who receives rights under
-the OHL to deny any other licensee those same rights to copy, modify, and
-distribute documentation, and to make, use and distribute products based on
-that documentation.
-
-Unlike the GPL, the OHL is not primarily a copyright license. While copyright
-protects documentation from unauthorized copying, modification, and distribution,
-it has little to do with your right to make, distribute, or use a product
-based on that documentation. For better or worse, patents play a significant
-role in those activities. Although it does not prohibit anyone from patenting
-inventions embodied in an Open Hardware design, and of course cannot prevent
-a third party from enforcing their patent rights, those who benefit from an
-OHL design may not bring lawsuits claiming that design infringes their patents
-or other intellectual property.
-
-The OHL addresses unique issues involved in the creation of tangible, physical
-things, but does not cover software, firmware, or code loaded into programmable
-devices. A copyright-oriented license such as the GPL better suits these creations.
-
-How can you use the OHL, or a design based upon it? While the terms and conditions
-below take precedence over this preamble, here is a summary:
-
- * You may modify the documentation and make products based upon it.
-
- * You may use products for any legal purpose without limitation.
-
-* You may distribute unmodified documentation, but you must include the complete
-package as you received it.
-
-* You may distribute products you make to third parties, if you either include
-the documentation on which the product is based, or make it available without
-charge for at least three years to anyone who requests it.
-
- * You may distribute modified documentation or products based on it, if you:
-
- * License your modifications under the OHL.
-
- * Include those modifications, following the requirements stated below.
-
-* Attempt to send the modified documentation by email to any of the developers
-who have provided their email address. This is a good faith obligation - if
-the email fails, you need do nothing more and may go on with your distribution.
-
- * If you create a design that you want to license under the OHL, you should:
-
-* Include this document in a file named LICENSE (with the appropriate extension)
-that is included in the documentation package.
-
-* If the file format allows, include a notice like "Licensed under the TAPR
-Open Hardware License (www.tapr.org/OHL)" in each documentation file. While
-not required, you should also include this notice on printed circuit board
-artwork and the product itself; if space is limited the notice can be shortened
-or abbreviated.
-
-* Include a copyright notice in each file and on printed circuit board artwork.
-
-* If you wish to be notified of modifications that others may make, include
-your email address in a file named "CONTRIB.TXT" or something similar.
-
-* Any time the OHL requires you to make documentation available to others,
-you must include all the materials you received from the upstream licensors.
-In addition, if you have modified the documentation:
-
-* You must identify the modifications in a text file (preferably named "CHANGES.TXT")
-that you include with the documentation. That file must also include a statement
-like "These modifications are licensed under the TAPR Open Hardware License."
-
-* You must include any new files you created, including any manufacturing
-files (such as Gerber files) you create in the course of making products.
-
-* You must include both "before" and "after" versions of all files you modified.
-
-* You may include files in proprietary formats, but you must also include
-open format versions (such as Gerber, ASCII, Postscript, or PDF) if your tools
-can create them.
+Open Hardware is a thing - a physical artifact, either electrical or
+mechanical - whose design information is available to, and usable by,
+the public in a way that allows anyone to make, modify, distribute, and
+use that thing. In this preface, design information is called
+"documentation" and things created from it are called "products."
+
+The TAPR Open Hardware License ("OHL") agreement provides a legal
+framework for Open Hardware projects. It may be used for any kind of
+product, be it a hammer or a computer motherboard, and is TAPR's
+contribution to the community; anyone may use the OHL for their Open
+Hardware project.
+
+Like the GNU General Public License, the OHL is designed to guarantee
+your freedom to share and to create. It forbids anyone who receives
+rights under the OHL to deny any other licensee those same rights to
+copy, modify, and distribute documentation, and to make, use and
+distribute products based on that documentation.
+
+Unlike the GPL, the OHL is not primarily a copyright license. While
+copyright protects documentation from unauthorized copying, modification,
+and distribution, it has little to do with your right to make, distribute,
+or use a product based on that documentation. For better or worse, patents
+play a significant role in those activities. Although it does not prohibit
+anyone from patenting inventions embodied in an Open Hardware design, and
+of course cannot prevent a third party from enforcing their patent rights,
+those who benefit from an OHL design may not bring lawsuits claiming that
+design infringes their patents or other intellectual property.
+
+The OHL addresses unique issues involved in the creation of tangible,
+physical things, but does not cover software, firmware, or code loaded
+into programmable devices. A copyright-oriented license such as the GPL
+better suits these creations.
+
+How can you use the OHL, or a design based upon it? While the terms and
+conditions below take precedence over this preamble, here is a summary:
+
+* You may modify the documentation and make products based upon it.
+
+* You may use products for any legal purpose without limitation.
+
+* You may distribute unmodified documentation, but you must include the
+complete package as you received it.
+
+* You may distribute products you make to third parties, if you either
+include the documentation on which the product is based, or make it
+available without charge for at least three years to anyone who requests
+it.
+
+* You may distribute modified documentation or products based on it, if
+you:
+ * License your modifications under the OHL.
+ * Include those modifications, following the requirements stated
+ below.
+ * Attempt to send the modified documentation by email to any of the
+ developers who have provided their email address. This is a good
+ faith obligation - if the email fails, you need do nothing more
+ and may go on with your distribution.
+
+* If you create a design that you want to license under the OHL, you
+should:
+ * Include this document in a file named LICENSE (with the appropriate
+ extension) that is included in the documentation package.
+ * If the file format allows, include a notice like "Licensed under
+ the TAPR Open Hardware License (www.tapr.org/OHL)" in each
+ documentation file. While not required, you should also include
+ this notice on printed circuit board artwork and the product
+ itself; if space is limited the notice can be shortened or
+ abbreviated.
+ * Include a copyright notice in each file and on printed circuit
+ board artwork.
+ * If you wish to be notified of modifications that others may make,
+ include your email address in a file named "CONTRIB.TXT" or
+ something similar.
+
+* Any time the OHL requires you to make documentation available to
+others, you must include all the materials you received from the
+upstream licensors. In addition, if you have modified the
+documentation:
+ * You must identify the modifications in a text file (preferably
+ named "CHANGES.TXT") that you include with the documentation.
+ That file must also include a statement like "These modifications
+ are licensed under the TAPR Open Hardware License."
+ * You must include any new files you created, including any
+ manufacturing files (such as Gerber files) you create in the
+ course of making products.
+ * You must include both "before" and "after" versions of all files
+ you modified.
+ * You may include files in proprietary formats, but you must also
+ include open format versions (such as Gerber, ASCII, Postscript,
+ or PDF) if your tools can create them.
TERMS AND CONDITIONS
-1. Introduction
-
-1.1 This Agreement governs how you may use, copy, modify, and distribute Documentation,
-and how you may make, have made, and distribute Products based on that Documentation.
-As used in this Agreement, to "distribute" Documentation means to directly
-or indirectly make copies available to a third party, and to "distribute"
-Products means to directly or indirectly give, loan, sell or otherwise transfer
+1. Introduction
+1.1 This Agreement governs how you may use, copy, modify, and
+distribute Documentation, and how you may make, have made, and
+distribute Products based on that Documentation. As used in this
+Agreement, to "distribute" Documentation means to directly or indirectly
+make copies available to a third party, and to "distribute" Products
+means to directly or indirectly give, loan, sell or otherwise transfer
them to a third party.
- 1.2 "Documentation" includes:
-
- (a) schematic diagrams;
-
-(b) circuit or circuit board layouts, including Gerber and other data files
-used for manufacture;
-
-(c) mechanical drawings, including CAD, CAM, and other data files used for
-manufacture;
-
- (d) flow charts and descriptive text; and
-
- (e) other explanatory material.
-
-Documentation may be in any tangible or intangible form of expression, including
-but not limited to computer files in open or proprietary formats and representations
-on paper, film, or other media.
-
- 1.3 "Products" include:
-
-(a) circuit boards, mechanical assemblies, and other physical parts and components;
-
-(b) assembled or partially assembled units (including components and subassemblies);
-and
-
-(c) parts and components combined into kits intended for assembly by others;
+1.2 "Documentation" includes:
+ (a) schematic diagrams;
+ (b) circuit or circuit board layouts, including Gerber and other
+ data files used for manufacture;
+ (c) mechanical drawings, including CAD, CAM, and other data files
+ used for manufacture;
+ (d) flow charts and descriptive text; and
+ (e) other explanatory material.
+Documentation may be in any tangible or intangible form of expression,
+including but not limited to computer files in open or proprietary
+formats and representations on paper, film, or other media.
+
+1.3 "Products" include:
+ (a) circuit boards, mechanical assemblies, and other physical parts
+ and components;
+ (b) assembled or partially assembled units (including components
+ and subassemblies); and
+ (c) parts and components combined into kits intended for assembly
+ by others;
which are based in whole or in part on the Documentation.
-1.4 This Agreement applies to any Documentation which contains a notice stating
-it is subject to the TAPR Open Hardware License, and to all Products based
-in whole or in part on that Documentation. If Documentation is distributed
-in an archive (such as a "zip" file) which includes this document, all files
-in that archive are subject to this Agreement unless they are specifically
-excluded. Each person who contributes content to the Documentation is referred
-to in this Agreement as a "Licensor."
-
-1.5 By (a) using, copying, modifying, or distributing the Documentation, or
-(b) making or having Products made or distributing them, you accept this Agreement,
-agree to comply with its terms, and become a "Licensee." Any activity inconsistent
-with this Agreement will automatically terminate your rights under it (including
-the immunities from suit granted in Section 2), but the rights of others who
-have received Documentation, or have obtained Products, directly or indirectly
-from you will not be affected so long as they fully comply with it themselves.
-
-1.6 This Agreement does not apply to software, firmware, or code loaded into
-programmable devices which may be used in conjunction with Documentation or
-Products. Such software is subject to the license terms established by its
-copyright holder(s).
-
-2. Patents
-
-2.1 Each Licensor grants you, every other Licensee, and every possessor or
-user of Products a perpetual, worldwide, and royalty-free immunity from suit
-under any patent, patent application, or other intellectual property right
-which he or she controls, to the extent necessary to make, have made, possess,
-use, and distribute Products. This immunity does not extend to infringement
-arising from modifications subsequently made by others.
-
-2.2 If you make or have Products made, or distribute Documentation that you
-have modified, you grant every Licensor, every other Licensee, and every possessor
-or user of Products a perpetual, worldwide, and royalty-free immunity from
-suit under any patent, patent application, or other intellectual property
-right which you control, to the extent necessary to make, have made, possess,
-use, and distribute Products. This immunity does not extend to infringement
-arising from modifications subsequently made by others.
-
-2.3 To avoid doubt, providing Documentation to a third party for the sole
-purpose of having that party make Products on your behalf is not considered
-"distribution,"\" and a third party's act of making Products solely on your
-behalf does not cause that party to grant the immunity described in the preceding
-paragraph.
-
-2.4 These grants of immunity are a material part of this Agreement, and form
-a portion of the consideration given by each party to the other. If any court
-judgment or legal agreement prevents you from granting the immunity required
-by this Section, your rights under this Agreement will terminate and you may
-no longer use, copy, modify or distribute the Documentation, or make, have
-made, or distribute Products.
-
-3. Modifications
-
-You may modify the Documentation, and those modifications will become part
-of the Documentation. They are subject to this Agreement, as are Products
-based in whole or in part on them. If you distribute the modified Documentation,
-or Products based in whole or in part upon it, you must email the modified
-Documentation in a form compliant with Section 4 to each Licensor who has
-provided an email address with the Documentation. Attempting to send the email
-completes your obligations under this Section and you need take no further
-action if any address fails.
-
-4. Distributing Documentation
-
-4.1 You may distribute unmodified copies of the Documentation in its entirety
-in any medium, provided that you retain all copyright and other notices (including
-references to this Agreement) included by each Licensor, and include an unaltered
-copy of this Agreement.
-
-4.2 You may distribute modified copies of the Documentation if you comply
-with all the requirements of the preceding paragraph and:
-
-(a) include a prominent notice in an ASCII or other open format file identifying
-those elements of the Documentation that you changed, and stating that the
-modifications are licensed under the terms of this Agreement;
-
-(b) include all new documentation files that you create, as well as both the
-original and modified versions of each file you change (files may be in your
-development tool's native file format, but if reasonably possible, you must
-also include open format, such as Gerber, ASCII, Postscript, or PDF, versions);
-
-(c) do not change the terms of this Agreement with respect to subsequent licensees;
-and
-
-(d) if you make or have Products made, include in the Documentation all elements
-reasonably required to permit others to make Products, including Gerber, CAD/CAM
-and other files used for manufacture.
-
-5. Making Products
-
-5.1 You may use the Documentation to make or have Products made, provided
-that each Product retains any notices included by the Licensor (including,
-but not limited to, copyright notices on circuit boards).
-
-5.2 You may distribute Products you make or have made, provided that you include
-with each unit a copy of the Documentation in a form consistent with Section
-4. Alternatively, you may include either (i) an offer valid for at least three
-years to provide that Documentation, at no charge other than the reasonable
-cost of media and postage, to any person who requests it; or (ii) a URL where
-that Documentation may be downloaded, available for at least three years after
-you last distribute the Product.
-
-6. NEW LICENSE VERSIONS
-
-TAPR may publish updated versions of the OHL which retain the same general
-provisions as the present version, but differ in detail to address new problems
-or concerns, and carry a distinguishing version number. If the Documentation
-specifies a version number which applies to it and "any later version", you
-may choose either that version or any later version published by TAPR. If
-the Documentation does not specify a version number, you may choose any version
-ever published by TAPR. TAPR owns the copyright to the OHL, but grants permission
-to any person to copy, distribute, and use it in unmodified form.
-
-7. WARRANTY AND LIABILITY LIMITATIONS
-
-7.1 THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT WARRANTY OF ANY
-KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR
-IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS
-FOR A PARTICULAR PURPOSE, AND TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.
-
-7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR BE LIABLE
-TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
-PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO
-USE, THE DOCUMENTATION OR PRODUCTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF
-INTELLECTUAL PROPERTY INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS
-BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-7.3 You agree that the foregoing limitations are reasonable due to the non-financial
-nature of the transaction represented by this Agreement, and acknowledge that
-were it not for these limitations, the Licensor(s) would not be willing to
-make the Documentation available to you.
-
-7.4 You agree to defend, indemnify, and hold each Licensor harmless from any
-claim brought by a third party alleging any defect in the design, manufacture,
-or operation of any Product which you make, have made, or distribute pursuant
-to this Agreement.
-
-####
+1.4 This Agreement applies to any Documentation which contains a
+notice stating it is subject to the TAPR Open Hardware License, and to
+all Products based in whole or in part on that Documentation. If
+Documentation is distributed in an archive (such as a "zip" file) which
+includes this document, all files in that archive are subject to this
+Agreement unless they are specifically excluded. Each person who
+contributes content to the Documentation is referred to in this
+Agreement as a "Licensor."
+
+1.5 By (a) using, copying, modifying, or distributing the
+Documentation, or (b) making or having Products made or distributing
+them, you accept this Agreement, agree to comply with its terms, and
+become a "Licensee." Any activity inconsistent with this Agreement will
+automatically terminate your rights under it (including the immunities
+from suit granted in Section 2), but the rights of others who have
+received Documentation, or have obtained Products, directly or
+indirectly from you will not be affected so long as they fully comply
+with it themselves.
+
+1.6 This Agreement does not apply to software, firmware, or code
+loaded into programmable devices which may be used in conjunction with
+Documentation or Products. Such software is subject to the license
+terms established by its copyright holder(s).
+
+2. Patents
+2.1 Each Licensor grants you, every other Licensee, and every
+possessor or user of Products a perpetual, worldwide, and royalty-free
+immunity from suit under any patent, patent application, or other
+intellectual property right which he or she controls, to the extent
+necessary to make, have made, possess, use, and distribute Products.
+This immunity does not extend to infringement arising from modifications
+subsequently made by others.
+
+2.2 If you make or have Products made, or distribute Documentation
+that you have modified, you grant every Licensor, every other Licensee,
+and every possessor or user of Products a perpetual, worldwide, and
+royalty-free immunity from suit under any patent, patent application, or
+other intellectual property right which you control, to the extent
+necessary to make, have made, possess, use, and distribute Products.
+This immunity does not extend to infringement arising from modifications
+subsequently made by others.
+
+2.3 To avoid doubt, providing Documentation to a third party for the
+sole purpose of having that party make Products on your behalf is not
+considered "distribution,"\" and a third party's act of making Products
+solely on your behalf does not cause that party to grant the immunity
+described in the preceding paragraph.
+
+2.4 These grants of immunity are a material part of this Agreement,
+and form a portion of the consideration given by each party to the
+other. If any court judgment or legal agreement prevents you from
+granting the immunity required by this Section, your rights under this
+Agreement will terminate and you may no longer use, copy, modify or
+distribute the Documentation, or make, have made, or distribute
+Products.
+
+3. Modifications
+You may modify the Documentation, and those modifications will become
+part of the Documentation. They are subject to this Agreement, as are
+Products based in whole or in part on them. If you distribute the
+modified Documentation, or Products based in whole or in part upon it,
+you must email the modified Documentation in a form compliant with
+Section 4 to each Licensor who has provided an email address with the
+Documentation. Attempting to send the email completes your obligations
+under this Section and you need take no further action if any address
+fails.
+
+4. Distributing Documentation
+4.1 You may distribute unmodified copies of the Documentation in its
+entirety in any medium, provided that you retain all copyright and other
+notices (including references to this Agreement) included by each
+Licensor, and include an unaltered copy of this Agreement.
+4.2 You may distribute modified copies of the Documentation if you
+comply with all the requirements of the preceding paragraph and:
+ (a) include a prominent notice in an ASCII or other open format
+ file identifying those elements of the Documentation that you
+ changed, and stating that the modifications are licensed under
+ the terms of this Agreement;
+ (b) include all new documentation files that you create, as well as
+ both the original and modified versions of each file you change
+ (files may be in your development tool's native file format,
+ but if reasonably possible, you must also include open format,
+ such as Gerber, ASCII, Postscript, or PDF, versions);
+ (c) do not change the terms of this Agreement with respect to
+ subsequent licensees; and
+ (d) if you make or have Products made, include in the Documentation
+ all elements reasonably required to permit others to make
+ Products, including Gerber, CAD/CAM and other files used for
+ manufacture.
+
+5. Making Products
+5.1 You may use the Documentation to make or have Products made,
+provided that each Product retains any notices included by the Licensor
+(including, but not limited to, copyright notices on circuit boards).
+5.2 You may distribute Products you make or have made, provided that
+you include with each unit a copy of the Documentation in a form
+consistent with Section 4. Alternatively, you may include either (i) an
+offer valid for at least three years to provide that Documentation, at
+no charge other than the reasonable cost of media and postage, to any
+person who requests it; or (ii) a URL where that Documentation may be
+downloaded, available for at least three years after you last distribute
+the Product.
+
+6. NEW LICENSE VERSIONS
+TAPR may publish updated versions of the OHL which retain the same
+general provisions as the present version, but differ in detail to
+address new problems or concerns, and carry a distinguishing version
+number. If the Documentation specifies a version number which applies
+to it and "any later version", you may choose either that version or any
+later version published by TAPR. If the Documentation does not specify
+a version number, you may choose any version ever published by TAPR.
+TAPR owns the copyright to the OHL, but grants permission to any person
+to copy, distribute, and use it in unmodified form.
+
+7. WARRANTY AND LIABILITY LIMITATIONS
+7.1 THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT
+WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL
+WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
+WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
+TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.
+7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR
+BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
+INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF
+THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS,
+INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY
+INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGES.
+7.3 You agree that the foregoing limitations are reasonable due to
+the non-financial nature of the transaction represented by this
+Agreement, and acknowledge that were it not for these limitations, the
+Licensor(s) would not be willing to make the Documentation available to
+you.
+7.4 You agree to defend, indemnify, and hold each Licensor harmless
+from any claim brought by a third party alleging any defect in the
+design, manufacture, or operation of any Product which you make, have
+made, or distribute pursuant to this Agreement.
+ ####