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CERN-OHL-P-2.0 8.0KB

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  1. CERN Open Hardware Licence Version 2 - Permissive
  2. Preamble
  3. CERN has developed this licence to promote collaboration among hardware designers
  4. and to provide a legal tool which supports the freedom to use, study, modify,
  5. share and distribute hardware designs and products based on those designs.
  6. Version 2 of the CERN Open Hardware Licence comes in three variants: this
  7. licence, CERN-OHL-P (permissive); and two reciprocal licences: CERN- OHL-W
  8. (weakly reciprocal) and CERN-OHL-S (strongly reciprocal).
  9. The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in unmodified
  10. form only.
  11. Use of this Licence does not imply any endorsement by CERN of any Licensor
  12. or their designs nor does it imply any involvement by CERN in their development.
  13. 1 Definitions
  14. 1.1 'Licence' means this CERN-OHL-P.
  15. 1.2 'Source' means information such as design materials or digital code which
  16. can be applied to Make or test a Product or to prepare a Product for use,
  17. Conveyance or sale, regardless of its medium or how it is expressed. It may
  18. include Notices.
  19. 1.3 'Covered Source' means Source that is explicitly made available under
  20. this Licence.
  21. 1.4 'Product' means any device, component, work or physical object, whether
  22. in finished or intermediate form, arising from the use, application or processing
  23. of Covered Source.
  24. 1.5 'Make' means to create or configure something, whether by manufacture,
  25. assembly, compiling, loading or applying Covered Source or another Product
  26. or otherwise.
  27. 1.6 'Notice' means copyright, acknowledgement and trademark notices, references
  28. to the location of any Notices, modification notices (subsection 3.3(b)) and
  29. all notices that refer to this Licence and to the disclaimer of warranties
  30. that are included in the Covered Source.
  31. 1.7 'Licensee' or 'You' means any person exercising rights under this Licence.
  32. 1.8 'Licensor' means a person who creates Source or modifies Covered Source
  33. and subsequently Conveys the resulting Covered Source under the terms and
  34. conditions of this Licence. A person may be a Licensee and a Licensor at the
  35. same time.
  36. 1.9 'Convey' means to communicate to the public or distribute.
  37. 2 Applicability
  38. 2.1 This Licence governs the use, copying, modification, Conveying of Covered
  39. Source and Products, and the Making of Products. By exercising any right granted
  40. under this Licence, You irrevocably accept these terms and conditions.
  41. 2.2 This Licence is granted by the Licensor directly to You, and shall apply
  42. worldwide and without limitation in time.
  43. 2.3 You shall not attempt to restrict by contract or otherwise the rights
  44. granted under this Licence to other Licensees.
  45. 2.4 This Licence is not intended to restrict fair use, fair dealing, or any
  46. other similar right.
  47. 3 Copying, modifying and Conveying Covered Source
  48. 3.1 You may copy and Convey verbatim copies of Covered Source, in any medium,
  49. provided You retain all Notices.
  50. 3.2 You may modify Covered Source, other than Notices.
  51. You may only delete Notices if they are no longer applicable to the corresponding
  52. Covered Source as modified by You and You may add additional Notices applicable
  53. to Your modifications.
  54. 3.3 You may Convey modified Covered Source (with the effect that You shall
  55. also become a Licensor) provided that You:
  56. a) retain Notices as required in subsection 3.2; and
  57. b) add a Notice to the modified Covered Source stating that You have modified
  58. it, with the date and brief description of how You have modified it.
  59. 3.4 You may Convey Covered Source or modified Covered Source under licence
  60. terms which differ from the terms of this Licence provided that:
  61. a) You comply at all times with subsection 3.3; and
  62. b) You provide a copy of this Licence to anyone to whom You Convey Covered
  63. Source or modified Covered Source.
  64. 4 Making and Conveying Products
  65. You may Make Products, and/or Convey them, provided that You ensure that the
  66. recipient of the Product has access to any Notices applicable to the Product.
  67. 5 DISCLAIMER AND LIABILITY
  68. 5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are provided
  69. 'as is' and any express or implied warranties, including, but not limited
  70. to, implied warranties of merchantability, of satisfactory quality, non-infringement
  71. of third party rights, and fitness for a particular purpose or use are disclaimed
  72. in respect of any Source or Product to the maximum extent permitted by law.
  73. The Licensor makes no representation that any Source or Product does not or
  74. will not infringe any patent, copyright, trade secret or other proprietary
  75. right. The entire risk as to the use, quality, and performance of any Source
  76. or Product shall be with You and not the Licensor. This disclaimer of warranty
  77. is an essential part of this Licence and a condition for the grant of any
  78. rights granted under this Licence.
  79. 5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the maximum
  80. extent permitted by law, have no liability for direct, indirect, special,
  81. incidental, consequential, exemplary, punitive or other damages of any character
  82. including, without limitation, procurement of substitute goods or services,
  83. loss of use, data or profits, or business interruption, however caused and
  84. on any theory of contract, warranty, tort (including negligence), product
  85. liability or otherwise, arising in any way in relation to the Covered Source,
  86. modified Covered Source and/or the Making or Conveyance of a Product, even
  87. if advised of the possibility of such damages, and You shall hold the Licensor(s)
  88. free and harmless from any liability, costs, damages, fees and expenses, including
  89. claims by third parties, in relation to such use.
  90. 6 Patents
  91. 6.1 Subject to the terms and conditions of this Licence, each Licensor hereby
  92. grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
  93. irrevocable (except as stated in this section 6, or where terminated by the
  94. Licensor for cause) patent license to Make, have Made, use, offer to sell,
  95. sell, import, and otherwise transfer the Covered Source and Products, where
  96. such licence applies only to those patent claims licensable by such Licensor
  97. that are necessarily infringed by exercising rights under the Covered Source
  98. as Conveyed by that Licensor.
  99. 6.2 If You institute patent litigation against any entity (including a cross-claim
  100. or counterclaim in a lawsuit) alleging that the Covered Source or a Product
  101. constitutes direct or contributory patent infringement, or You seek any declaration
  102. that a patent licensed to You under this Licence is invalid or unenforceable
  103. then any rights granted to You under this Licence shall terminate as of the
  104. date such process is initiated.
  105. 7 General
  106. 7.1 If any provisions of this Licence are or subsequently become invalid or
  107. unenforceable for any reason, the remaining provisions shall remain effective.
  108. 7.2 You shall not use any of the name (including acronyms and abbreviations),
  109. image, or logo by which the Licensor or CERN is known, except where needed
  110. to comply with section 3, or where the use is otherwise allowed by law. Any
  111. such permitted use shall be factual and shall not be made so as to suggest
  112. any kind of endorsement or implication of involvement by the Licensor or its
  113. personnel.
  114. 7.3 CERN may publish updated versions and variants of this Licence which it
  115. considers to be in the spirit of this version, but may differ in detail to
  116. address new problems or concerns. New versions will be published with a unique
  117. version number and a variant identifier specifying the variant. If the Licensor
  118. has specified that a given variant applies to the Covered Source without specifying
  119. a version, You may treat that Covered Source as being released under any version
  120. of the CERN-OHL with that variant. If no variant is specified, the Covered
  121. Source shall be treated as being released under CERN-OHL-S. The Licensor may
  122. also specify that the Covered Source is subject to a specific version of the
  123. CERN-OHL or any later version in which case You may apply this or any later
  124. version of CERN-OHL with the same variant identifier published by CERN.
  125. 7.4 This Licence shall not be enforceable except by a Licensor acting as such,
  126. and third party beneficiary rights are specifically excluded.