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- CERN Open Hardware Licence Version 2 - Permissive
-
- 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: this
- licence, CERN-OHL-P (permissive); and two reciprocal licences: CERN- OHL-W
- (weakly reciprocal) and CERN-OHL-S (strongly reciprocal).
-
- The CERN-OHL-P 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-P.
-
- 1.2 '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.
-
- 1.3 'Covered Source' means Source that is explicitly made available under
- this Licence.
-
- 1.4 '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.
-
- 1.5 'Make' means to create or configure something, whether by manufacture,
- assembly, compiling, loading or applying Covered Source or another Product
- or otherwise.
-
- 1.6 'Notice' means copyright, acknowledgement and trademark notices, references
- to the location of any Notices, 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.
-
- 1.7 'Licensee' or 'You' means any person exercising rights under this Licence.
-
- 1.8 'Licensor' means a person who creates Source or modifies Covered Source
- and subsequently Conveys the resulting Covered Source under the terms and
- conditions of this Licence. A person may be a Licensee and a Licensor at the
- same time.
-
- 1.9 '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.
-
- 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; and
-
- 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.
-
- 3.4 You may Convey Covered Source or modified Covered Source under licence
- terms which differ from the terms of this Licence provided that:
-
- a) You comply at all times with subsection 3.3; and
-
- b) You provide a copy of this Licence to anyone to whom You Convey Covered
- Source or modified Covered Source.
-
- 4 Making and Conveying Products
-
- You may Make Products, and/or Convey them, provided that You ensure that the
- recipient of the Product has access to any Notices applicable to the Product.
-
- 5 DISCLAIMER AND LIABILITY
-
- 5.1 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.
-
- 5.2 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.
-
- 6 Patents
-
- 6.1 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 this section 6, or where terminated by the
- Licensor for cause) 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.
-
- 6.2 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.
-
- 7 General
-
- 7.1 If any provisions of this Licence are or subsequently become invalid or
- unenforceable for any reason, the remaining provisions shall remain effective.
-
- 7.2 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.
-
- 7.3 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.
-
- 7.4 This Licence shall not be enforceable except by a Licensor acting as such,
- and third party beneficiary rights are specifically excluded.
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