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CERN-OHL-S-2.0 12KB

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  1. CERN Open Hardware Licence Version 2 - Strongly Reciprocal
  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: CERN-OHL-P
  7. (permissive); and two reciprocal licences: CERN-OHL-W (weakly reciprocal)
  8. and this licence, CERN-OHL-S (strongly reciprocal).
  9. The CERN-OHL-S 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-S.
  15. 1.2 'Compatible Licence' means
  16. a) any earlier version of the CERN Open Hardware licence, or
  17. b) any version of the CERN-OHL-S, or
  18. c) any licence which permits You to treat the Source to which it applies as
  19. licensed under CERN-OHL-S provided that on Conveyance of any such Source,
  20. or any associated Product You treat the Source in question as being licensed
  21. under CERN-OHL-S.
  22. 1.3 'Source' means information such as design materials or digital code which
  23. can be applied to Make or test a Product or to prepare a Product for use,
  24. Conveyance or sale, regardless of its medium or how it is expressed. It may
  25. include Notices.
  26. 1.4 'Covered Source' means Source that is explicitly made available under
  27. this Licence.
  28. 1.5 'Product' means any device, component, work or physical object, whether
  29. in finished or intermediate form, arising from the use, application or processing
  30. of Covered Source.
  31. 1.6 'Make' means to create or configure something, whether by manufacture,
  32. assembly, compiling, loading or applying Covered Source or another Product
  33. or otherwise.
  34. 1.7 'Available Component' means any part, sub-assembly, library or code which:
  35. a) is licensed to You as Complete Source under a Compatible Licence; or
  36. b) is available, at the time a Product or the Source containing it is first
  37. Conveyed, to You and any other prospective licensees
  38. i) as a physical part with sufficient rights and information (including any
  39. configuration and programming files and information about its characteristics
  40. and interfaces) to enable it either to be Made itself, or to be sourced and
  41. used to Make the Product; or
  42. ii) as part of the normal distribution of a tool used to design or Make the
  43. Product.
  44. 1.8 'Complete Source' means the set of all Source necessary to Make a Product,
  45. in the preferred form for making modifications, including necessary installation
  46. and interfacing information both for the Product, and for any included Available
  47. Components. If the format is proprietary, it must also be made available in
  48. a format (if the proprietary tool can create it) which is viewable with a
  49. tool available to potential licensees and licensed under a licence approved
  50. by the Free Software Foundation or the Open Source Initiative. Complete Source
  51. need not include the Source of any Available Component, provided that You
  52. include in the Complete Source sufficient information to enable a recipient
  53. to Make or source and use the Available Component to Make the Product.
  54. 1.9 'Source Location' means a location where a Licensor has placed Covered
  55. Source, and which that Licensor reasonably believes will remain easily accessible
  56. for at least three years for anyone to obtain a digital copy.
  57. 1.10 'Notice' means copyright, acknowledgement and trademark notices, Source
  58. Location references, modification notices (subsection 3.3(b)) and all notices
  59. that refer to this Licence and to the disclaimer of warranties that are included
  60. in the Covered Source.
  61. 1.11 'Licensee' or 'You' means any person exercising rights under this Licence.
  62. 1.12 'Licensor' means a natural or legal person who creates or modifies Covered
  63. Source. A person may be a Licensee and a Licensor at the same time.
  64. 1.13 'Convey' means to communicate to the public or distribute.
  65. 2 Applicability
  66. 2.1 This Licence governs the use, copying, modification, Conveying of Covered
  67. Source and Products, and the Making of Products. By exercising any right granted
  68. under this Licence, You irrevocably accept these terms and conditions.
  69. 2.2 This Licence is granted by the Licensor directly to You, and shall apply
  70. worldwide and without limitation in time.
  71. 2.3 You shall not attempt to restrict by contract or otherwise the rights
  72. granted under this Licence to other Licensees.
  73. 2.4 This Licence is not intended to restrict fair use, fair dealing, or any
  74. other similar right.
  75. 3 Copying, modifying and Conveying Covered Source
  76. 3.1 You may copy and Convey verbatim copies of Covered Source, in any medium,
  77. provided You retain all Notices.
  78. 3.2 You may modify Covered Source, other than Notices, provided that You irrevocably
  79. undertake to make that modified Covered Source available from a Source Location
  80. should You Convey a Product in circumstances where the recipient does not
  81. otherwise receive a copy of the modified Covered Source. In each case subsection
  82. 3.3 shall apply.
  83. You may only delete Notices if they are no longer applicable to the corresponding
  84. Covered Source as modified by You and You may add additional Notices applicable
  85. to Your modifications. Including Covered Source in a larger work is modifying
  86. the Covered Source, and the larger work becomes modified Covered Source.
  87. 3.3 You may Convey modified Covered Source (with the effect that You shall
  88. also become a Licensor) provided that You:
  89. a) retain Notices as required in subsection 3.2;
  90. b) add a Notice to the modified Covered Source stating that You have modified
  91. it, with the date and brief description of how You have modified it;
  92. c) add a Source Location Notice for the modified Covered Source if You Convey
  93. in circumstances where the recipient does not otherwise receive a copy of
  94. the modified Covered Source; and
  95. d) license the modified Covered Source under the terms and conditions of this
  96. Licence (or, as set out in subsection 8.3, a later version, if permitted by
  97. the licence of the original Covered Source). Such modified Covered Source
  98. must be licensed as a whole, but excluding Available Components contained
  99. in it, which remain licensed under their own applicable licences.
  100. 4 Making and Conveying Products
  101. You may Make Products, and/or Convey them, provided that You either provide
  102. each recipient with a copy of the Complete Source or ensure that each recipient
  103. is notified of the Source Location of the Complete Source. That Complete Source
  104. is Covered Source, and You must accordingly satisfy Your obligations set out
  105. in subsection 3.3. If specified in a Notice, the Product must visibly and
  106. securely display the Source Location on it or its packaging or documentation
  107. in the manner specified in that Notice.
  108. 5 Research and Development
  109. You may Convey Covered Source, modified Covered Source or Products to a legal
  110. entity carrying out development, testing or quality assurance work on Your
  111. behalf provided that the work is performed on terms which prevent the entity
  112. from both using the Source or Products for its own internal purposes and Conveying
  113. the Source or Products or any modifications to them to any person other than
  114. You. Any modifications made by the entity shall be deemed to be made by You
  115. pursuant to subsection 3.2.
  116. 6 DISCLAIMER AND LIABILITY
  117. 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are provided
  118. 'as is' and any express or implied warranties, including, but not limited
  119. to, implied warranties of merchantability, of satisfactory quality, non-infringement
  120. of third party rights, and fitness for a particular purpose or use are disclaimed
  121. in respect of any Source or Product to the maximum extent permitted by law.
  122. The Licensor makes no representation that any Source or Product does not or
  123. will not infringe any patent, copyright, trade secret or other proprietary
  124. right. The entire risk as to the use, quality, and performance of any Source
  125. or Product shall be with You and not the Licensor. This disclaimer of warranty
  126. is an essential part of this Licence and a condition for the grant of any
  127. rights granted under this Licence.
  128. 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the maximum
  129. extent permitted by law, have no liability for direct, indirect, special,
  130. incidental, consequential, exemplary, punitive or other damages of any character
  131. including, without limitation, procurement of substitute goods or services,
  132. loss of use, data or profits, or business interruption, however caused and
  133. on any theory of contract, warranty, tort (including negligence), product
  134. liability or otherwise, arising in any way in relation to the Covered Source,
  135. modified Covered Source and/or the Making or Conveyance of a Product, even
  136. if advised of the possibility of such damages, and You shall hold the Licensor(s)
  137. free and harmless from any liability, costs, damages, fees and expenses, including
  138. claims by third parties, in relation to such use.
  139. 7 Patents
  140. 7.1 Subject to the terms and conditions of this Licence, each Licensor hereby
  141. grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
  142. irrevocable (except as stated in subsections 7.2 and 8.4) patent license to
  143. Make, have Made, use, offer to sell, sell, import, and otherwise transfer
  144. the Covered Source and Products, where such licence applies only to those
  145. patent claims licensable by such Licensor that are necessarily infringed by
  146. exercising rights under the Covered Source as Conveyed by that Licensor.
  147. 7.2 If You institute patent litigation against any entity (including a cross-claim
  148. or counterclaim in a lawsuit) alleging that the Covered Source or a Product
  149. constitutes direct or contributory patent infringement, or You seek any declaration
  150. that a patent licensed to You under this Licence is invalid or unenforceable
  151. then any rights granted to You under this Licence shall terminate as of the
  152. date such process is initiated.
  153. 8 General
  154. 8.1 If any provisions of this Licence are or subsequently become invalid or
  155. unenforceable for any reason, the remaining provisions shall remain effective.
  156. 8.2 You shall not use any of the name (including acronyms and abbreviations),
  157. image, or logo by which the Licensor or CERN is known, except where needed
  158. to comply with section 3, or where the use is otherwise allowed by law. Any
  159. such permitted use shall be factual and shall not be made so as to suggest
  160. any kind of endorsement or implication of involvement by the Licensor or its
  161. personnel.
  162. 8.3 CERN may publish updated versions and variants of this Licence which it
  163. considers to be in the spirit of this version, but may differ in detail to
  164. address new problems or concerns. New versions will be published with a unique
  165. version number and a variant identifier specifying the variant. If the Licensor
  166. has specified that a given variant applies to the Covered Source without specifying
  167. a version, You may treat that Covered Source as being released under any version
  168. of the CERN-OHL with that variant. If no variant is specified, the Covered
  169. Source shall be treated as being released under CERN-OHL-S. The Licensor may
  170. also specify that the Covered Source is subject to a specific version of the
  171. CERN-OHL or any later version in which case You may apply this or any later
  172. version of CERN-OHL with the same variant identifier published by CERN.
  173. 8.4 This Licence shall terminate with immediate effect if You fail to comply
  174. with any of its terms and conditions.
  175. 8.5 However, if You cease all breaches of this Licence, then Your Licence
  176. from any Licensor is reinstated unless such Licensor has terminated this Licence
  177. by giving You, while You remain in breach, a notice specifying the breach
  178. and requiring You to cure it within 30 days, and You have failed to come into
  179. compliance in all material respects by the end of the 30 day period. Should
  180. You repeat the breach after receipt of a cure notice and subsequent reinstatement,
  181. this Licence will terminate immediately and permanently. Section 6 shall continue
  182. to apply after any termination.
  183. 8.6 This Licence shall not be enforceable except by a Licensor acting as such,
  184. and third party beneficiary rights are specifically excluded.