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- CERN OHL v1.1
-
- 2011-07-08 - CERN, Geneva, Switzerland
-
- CERN Open Hardware Licence v1.1
-
- Preamble
-
- Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the Organization
- wishes to disseminate its hardware designs (as published on http://www.ohwr.org/)
- as widely as possible, and generally to foster collaboration among public
- research hardware designers. The CERN OHL is copyright of CERN. Anyone is
- welcome to use the CERN OHL, in unmodified form only, for the distribution
- of his own Open Hardware designs. Any other right is reserved.
-
- 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.
-
- "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.
-
-
-
- 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 apply to software, firmware, or code loaded into
- programmable devices which may be used in conjunction with the Documentation,
- the modified Documentation or with Products. The use of such software, firmware,
- or code is 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 and
- all notices that refer to this Licence and to the disclaimer of warranties
- that is 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 use, 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. 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 details of
- the modifications;
-
- c. 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; and
-
- d. send a copy of the modified Documentation to all Licensors that contributed
- to the parts of the Documentation that were modified, as well as to any other
- Licensor who has requested to receive a copy of the modified Documentation
- and has provided a means of contact with the Documentation.
-
- 3.4 The Licence includes a licence to those patents or registered designs
- that are held by the Licensor, to the extent necessary to make use of the
- rights granted under this Licence. The scope of this section 3.4 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
- the Licensee distributes to each recipient of such Products a copy of the
- Documentation or modified Documentation, as applicable, and complies with
- section 3.
-
- 4.2 The Licensee is invited to inform in writing any Licensor who has indicated
- its 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, 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 The rights granted under this Licence do 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, acronyms,
- 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.
-
- 6.5 Except as may be otherwise agreed with the Intergovernmental Organization,
- any dispute with respect to this Licence involving an Intergovernmental Organization
- shall, by virtue of the latter's Intergovernmental status, be settled by international
- arbitration. The arbitration proceedings shall be held at the place where
- the Intergovernmental Organization has its seat. The arbitral award shall
- be final and binding upon the parties, who hereby expressly agree to renounce
- any form of appeal or revision.
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