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diff --git a/options/license/CERN-OHL-W-2.0 b/options/license/CERN-OHL-W-2.0 new file mode 100644 index 0000000000..8563cd280c --- /dev/null +++ b/options/license/CERN-OHL-W-2.0 @@ -0,0 +1,261 @@ +CERN Open Hardware Licence Version 2 - Weakly 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: this licence, CERN- OHL-W (weakly +reciprocal) and CERN-OHL-S (strongly reciprocal). + +The CERN-OHL-W 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-W. + + 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 the CERN-OHL-W, or + +c) any licence which permits You to treat the Source to which it applies as +licensed under CERN-OHL-S or CERN-OHL-W 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 or CERN-OHL-W as appropriate. + +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) 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 'External Material' means anything (including Source) which: + +a) is only combined with Covered Source in such a way that it interfaces with +the Covered Source using a documented interface which is described in the +Covered Source; and + +b) is not a derivative of or contains Covered Source, or, if it is, it is +solely to the extent necessary to facilitate such interfacing. + +1.9 '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. + +1.10 '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. + +1.11 '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. + +1.12 'Licensee' or 'You' means any person exercising rights under this Licence. + +1.13 '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. + + 1.14 '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. + +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 or External Material to which it is interfaced, which remain licensed +under their own applicable licences. + + 4 Making and Conveying Products + +4.1 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 +includes 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. + +4.2 Where You Convey a Product which incorporates External Material, the Complete +Source for that Product which You are required to provide under subsection +4.1 need not include any Source for the External Material. + +4.3 You may license Products under terms of Your choice, provided that such +terms do not restrict or attempt to restrict any recipients' rights under +this Licence to the Covered Source. + + 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 license 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. + +You may treat Covered Source licensed under CERN-OHL-W as licensed under CERN-OHL-S +if and only if all Available Components referenced in the Covered Source comply +with the corresponding definition of Available Component for CERN-OHL-S. + +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. |