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- CERN Open Hardware Licence Version 2 - Strongly Reciprocal
-
- 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: CERN-OHL-P
- (permissive); and two reciprocal licences: CERN-OHL-W (weakly reciprocal)
- and this licence, CERN-OHL-S (strongly reciprocal).
-
- The CERN-OHL-S 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-S.
-
- 1.2 'Compatible Licence' means
-
- a) any earlier version of the CERN Open Hardware licence, or
-
- b) any version of the CERN-OHL-S, or
-
- c) any licence which permits You to treat the Source to which it applies as
- licensed under CERN-OHL-S provided that on Conveyance of any such Source,
- or any associated Product You treat the Source in question as being licensed
- under CERN-OHL-S.
-
- 1.3 '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.
-
- 1.4 'Covered Source' means Source that is explicitly made available under
- this Licence.
-
- 1.5 '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.
-
- 1.6 'Make' means to create or configure something, whether by manufacture,
- assembly, compiling, loading or applying Covered Source or another Product
- or otherwise.
-
- 1.7 'Available Component' means any part, sub-assembly, library or code which:
-
- a) is licensed to You as Complete Source under a Compatible Licence; or
-
- b) is available, at the time a Product or the Source containing it is first
- Conveyed, to You and any other prospective licensees
-
- i) as a physical part with sufficient rights and information (including any
- configuration and programming files and information about its characteristics
- and interfaces) to enable it either to be Made itself, or to be sourced and
- used to Make the Product; or
-
- ii) as part of the normal distribution of a tool used to design or Make the
- Product.
-
- 1.8 'Complete Source' means the set of all Source necessary to Make a Product,
- in the preferred form for making modifications, including necessary installation
- and interfacing information both for the Product, and for any included Available
- Components. If the format is proprietary, it must also be made available in
- a format (if the proprietary tool can create it) which is viewable with a
- tool available to potential licensees and licensed under a licence approved
- by the Free Software Foundation or the Open Source Initiative. Complete Source
- need not include the Source of any Available Component, provided that You
- include in the Complete Source sufficient information to enable a recipient
- to Make or source and use the Available Component to Make the Product.
-
- 1.9 'Source Location' means a location where a Licensor has placed Covered
- Source, and which that Licensor reasonably believes will remain easily accessible
- for at least three years for anyone to obtain a digital copy.
-
- 1.10 'Notice' means copyright, acknowledgement and trademark notices, Source
- Location references, 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.
-
- 1.11 'Licensee' or 'You' means any person exercising rights under this Licence.
-
- 1.12 'Licensor' means a natural or legal person who creates or modifies Covered
- Source. A person may be a Licensee and a Licensor at the same time.
-
- 1.13 '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, provided that You irrevocably
- undertake to make that modified Covered Source available from a Source Location
- should You Convey a Product in circumstances where the recipient does not
- otherwise receive a copy of the modified Covered Source. In each case subsection
- 3.3 shall apply.
-
- 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. Including Covered Source in a larger work is modifying
- the Covered Source, and the larger work becomes modified Covered Source.
-
- 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;
-
- 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;
-
- c) add a Source Location Notice for the modified Covered Source if You Convey
- in circumstances where the recipient does not otherwise receive a copy of
- the modified Covered Source; and
-
- d) license the modified Covered Source under the terms and conditions of this
- Licence (or, as set out in subsection 8.3, a later version, if permitted by
- the licence of the original Covered Source). Such modified Covered Source
- must be licensed as a whole, but excluding Available Components contained
- in it, which remain licensed under their own applicable licences.
-
- 4 Making and Conveying Products
-
- You may Make Products, and/or Convey them, provided that You either provide
- each recipient with a copy of the Complete Source or ensure that each recipient
- is notified of the Source Location of the Complete Source. That Complete Source
- is Covered Source, and You must accordingly satisfy Your obligations set out
- in subsection 3.3. If specified in a Notice, the Product must visibly and
- securely display the Source Location on it or its packaging or documentation
- in the manner specified in that Notice.
-
- 5 Research and Development
-
- You may Convey Covered Source, modified Covered Source or Products to a legal
- entity carrying out development, testing or quality assurance work on Your
- behalf provided that the work is performed on terms which prevent the entity
- from both using the Source or Products for its own internal purposes and Conveying
- the Source or Products or any modifications to them to any person other than
- You. Any modifications made by the entity shall be deemed to be made by You
- pursuant to subsection 3.2.
-
- 6 DISCLAIMER AND LIABILITY
-
- 6.1 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.
-
- 6.2 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.
-
- 7 Patents
-
- 7.1 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 subsections 7.2 and 8.4) 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.
-
- 7.2 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.
-
- 8 General
-
- 8.1 If any provisions of this Licence are or subsequently become invalid or
- unenforceable for any reason, the remaining provisions shall remain effective.
-
- 8.2 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.
-
- 8.3 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.
-
- 8.4 This Licence shall terminate with immediate effect if You fail to comply
- with any of its terms and conditions.
-
- 8.5 However, if You cease all breaches of this Licence, then Your Licence
- from any Licensor is reinstated unless such Licensor has terminated this Licence
- by giving You, while You remain in breach, a notice specifying the breach
- and requiring You to cure it within 30 days, and You have failed to come into
- compliance in all material respects by the end of the 30 day period. Should
- You repeat the breach after receipt of a cure notice and subsequent reinstatement,
- this Licence will terminate immediately and permanently. Section 6 shall continue
- to apply after any termination.
-
- 8.6 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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