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- CERN OHL v1.2
-
- 2013-09-06 - CERN, Geneva, Switzerland
-
- 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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