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- The TAPR Open Hardware License
- Version 1.0 (May 25, 2007)
- Copyright 2007 TAPR - http://www.tapr.org/OHL
-
- PREAMBLE
-
- Open Hardware is a thing - a physical artifact, either electrical or
- mechanical - whose design information is available to, and usable by,
- the public in a way that allows anyone to make, modify, distribute, and
- use that thing. In this preface, design information is called
- "documentation" and things created from it are called "products."
-
- The TAPR Open Hardware License ("OHL") agreement provides a legal
- framework for Open Hardware projects. It may be used for any kind of
- product, be it a hammer or a computer motherboard, and is TAPR's
- contribution to the community; anyone may use the OHL for their Open
- Hardware project.
-
- Like the GNU General Public License, the OHL is designed to guarantee
- your freedom to share and to create. It forbids anyone who receives
- rights under the OHL to deny any other licensee those same rights to
- copy, modify, and distribute documentation, and to make, use and
- distribute products based on that documentation.
-
- Unlike the GPL, the OHL is not primarily a copyright license. While
- copyright protects documentation from unauthorized copying, modification,
- and distribution, it has little to do with your right to make, distribute,
- or use a product based on that documentation. For better or worse, patents
- play a significant role in those activities. Although it does not prohibit
- anyone from patenting inventions embodied in an Open Hardware design, and
- of course cannot prevent a third party from enforcing their patent rights,
- those who benefit from an OHL design may not bring lawsuits claiming that
- design infringes their patents or other intellectual property.
-
- The OHL addresses unique issues involved in the creation of tangible,
- physical things, but does not cover software, firmware, or code loaded
- into programmable devices. A copyright-oriented license such as the GPL
- better suits these creations.
-
- How can you use the OHL, or a design based upon it? While the terms and
- conditions below take precedence over this preamble, here is a summary:
-
- * You may modify the documentation and make products based upon it.
-
- * You may use products for any legal purpose without limitation.
-
- * You may distribute unmodified documentation, but you must include the
- complete package as you received it.
-
- * You may distribute products you make to third parties, if you either
- include the documentation on which the product is based, or make it
- available without charge for at least three years to anyone who requests
- it.
-
- * You may distribute modified documentation or products based on it, if
- you:
- * License your modifications under the OHL.
- * Include those modifications, following the requirements stated
- below.
- * Attempt to send the modified documentation by email to any of the
- developers who have provided their email address. This is a good
- faith obligation - if the email fails, you need do nothing more
- and may go on with your distribution.
-
- * If you create a design that you want to license under the OHL, you
- should:
- * Include this document in a file named LICENSE (with the appropriate
- extension) that is included in the documentation package.
- * If the file format allows, include a notice like "Licensed under
- the TAPR Open Hardware License (www.tapr.org/OHL)" in each
- documentation file. While not required, you should also include
- this notice on printed circuit board artwork and the product
- itself; if space is limited the notice can be shortened or
- abbreviated.
- * Include a copyright notice in each file and on printed circuit
- board artwork.
- * If you wish to be notified of modifications that others may make,
- include your email address in a file named "CONTRIB.TXT" or
- something similar.
-
- * Any time the OHL requires you to make documentation available to
- others, you must include all the materials you received from the
- upstream licensors. In addition, if you have modified the
- documentation:
- * You must identify the modifications in a text file (preferably
- named "CHANGES.TXT") that you include with the documentation.
- That file must also include a statement like "These modifications
- are licensed under the TAPR Open Hardware License."
- * You must include any new files you created, including any
- manufacturing files (such as Gerber files) you create in the
- course of making products.
- * You must include both "before" and "after" versions of all files
- you modified.
- * You may include files in proprietary formats, but you must also
- include open format versions (such as Gerber, ASCII, Postscript,
- or PDF) if your tools can create them.
-
- TERMS AND CONDITIONS
-
- 1. Introduction
- 1.1 This Agreement governs how you may use, copy, modify, and
- distribute Documentation, and how you may make, have made, and
- distribute Products based on that Documentation. As used in this
- Agreement, to "distribute" Documentation means to directly or indirectly
- make copies available to a third party, and to "distribute" Products
- means to directly or indirectly give, loan, sell or otherwise transfer
- them to a third party.
-
- 1.2 "Documentation" includes:
- (a) schematic diagrams;
- (b) circuit or circuit board layouts, including Gerber and other
- data files used for manufacture;
- (c) mechanical drawings, including CAD, CAM, and other data files
- used for manufacture;
- (d) flow charts and descriptive text; and
- (e) other explanatory material.
- Documentation may be in any tangible or intangible form of expression,
- including but not limited to computer files in open or proprietary
- formats and representations on paper, film, or other media.
-
- 1.3 "Products" include:
- (a) circuit boards, mechanical assemblies, and other physical parts
- and components;
- (b) assembled or partially assembled units (including components
- and subassemblies); and
- (c) parts and components combined into kits intended for assembly
- by others;
- which are based in whole or in part on the Documentation.
-
- 1.4 This Agreement applies to any Documentation which contains a
- notice stating it is subject to the TAPR Open Hardware License, and to
- all Products based in whole or in part on that Documentation. If
- Documentation is distributed in an archive (such as a "zip" file) which
- includes this document, all files in that archive are subject to this
- Agreement unless they are specifically excluded. Each person who
- contributes content to the Documentation is referred to in this
- Agreement as a "Licensor."
-
- 1.5 By (a) using, copying, modifying, or distributing the
- Documentation, or (b) making or having Products made or distributing
- them, you accept this Agreement, agree to comply with its terms, and
- become a "Licensee." Any activity inconsistent with this Agreement will
- automatically terminate your rights under it (including the immunities
- from suit granted in Section 2), but the rights of others who have
- received Documentation, or have obtained Products, directly or
- indirectly from you will not be affected so long as they fully comply
- with it themselves.
-
- 1.6 This Agreement does not apply to software, firmware, or code
- loaded into programmable devices which may be used in conjunction with
- Documentation or Products. Such software is subject to the license
- terms established by its copyright holder(s).
-
- 2. Patents
- 2.1 Each Licensor grants you, every other Licensee, and every
- possessor or user of Products a perpetual, worldwide, and royalty-free
- immunity from suit under any patent, patent application, or other
- intellectual property right which he or she controls, to the extent
- necessary to make, have made, possess, use, and distribute Products.
- This immunity does not extend to infringement arising from modifications
- subsequently made by others.
-
- 2.2 If you make or have Products made, or distribute Documentation
- that you have modified, you grant every Licensor, every other Licensee,
- and every possessor or user of Products a perpetual, worldwide, and
- royalty-free immunity from suit under any patent, patent application, or
- other intellectual property right which you control, to the extent
- necessary to make, have made, possess, use, and distribute Products.
- This immunity does not extend to infringement arising from modifications
- subsequently made by others.
-
- 2.3 To avoid doubt, providing Documentation to a third party for the
- sole purpose of having that party make Products on your behalf is not
- considered "distribution,"\" and a third party's act of making Products
- solely on your behalf does not cause that party to grant the immunity
- described in the preceding paragraph.
-
- 2.4 These grants of immunity are a material part of this Agreement,
- and form a portion of the consideration given by each party to the
- other. If any court judgment or legal agreement prevents you from
- granting the immunity required by this Section, your rights under this
- Agreement will terminate and you may no longer use, copy, modify or
- distribute the Documentation, or make, have made, or distribute
- Products.
-
- 3. Modifications
- You may modify the Documentation, and those modifications will become
- part of the Documentation. They are subject to this Agreement, as are
- Products based in whole or in part on them. If you distribute the
- modified Documentation, or Products based in whole or in part upon it,
- you must email the modified Documentation in a form compliant with
- Section 4 to each Licensor who has provided an email address with the
- Documentation. Attempting to send the email completes your obligations
- under this Section and you need take no further action if any address
- fails.
-
- 4. Distributing Documentation
- 4.1 You may distribute unmodified copies of the Documentation in its
- entirety in any medium, provided that you retain all copyright and other
- notices (including references to this Agreement) included by each
- Licensor, and include an unaltered copy of this Agreement.
- 4.2 You may distribute modified copies of the Documentation if you
- comply with all the requirements of the preceding paragraph and:
- (a) include a prominent notice in an ASCII or other open format
- file identifying those elements of the Documentation that you
- changed, and stating that the modifications are licensed under
- the terms of this Agreement;
- (b) include all new documentation files that you create, as well as
- both the original and modified versions of each file you change
- (files may be in your development tool's native file format,
- but if reasonably possible, you must also include open format,
- such as Gerber, ASCII, Postscript, or PDF, versions);
- (c) do not change the terms of this Agreement with respect to
- subsequent licensees; and
- (d) if you make or have Products made, include in the Documentation
- all elements reasonably required to permit others to make
- Products, including Gerber, CAD/CAM and other files used for
- manufacture.
-
- 5. Making Products
- 5.1 You may use the Documentation to make or have Products made,
- provided that each Product retains any notices included by the Licensor
- (including, but not limited to, copyright notices on circuit boards).
- 5.2 You may distribute Products you make or have made, provided that
- you include with each unit a copy of the Documentation in a form
- consistent with Section 4. Alternatively, you may include either (i) an
- offer valid for at least three years to provide that Documentation, at
- no charge other than the reasonable cost of media and postage, to any
- person who requests it; or (ii) a URL where that Documentation may be
- downloaded, available for at least three years after you last distribute
- the Product.
-
- 6. NEW LICENSE VERSIONS
- TAPR may publish updated versions of the OHL which retain the same
- general provisions as the present version, but differ in detail to
- address new problems or concerns, and carry a distinguishing version
- number. If the Documentation specifies a version number which applies
- to it and "any later version", you may choose either that version or any
- later version published by TAPR. If the Documentation does not specify
- a version number, you may choose any version ever published by TAPR.
- TAPR owns the copyright to the OHL, but grants permission to any person
- to copy, distribute, and use it in unmodified form.
-
- 7. WARRANTY AND LIABILITY LIMITATIONS
- 7.1 THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT
- WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL
- WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
- TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.
- 7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR
- BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
- INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF
- THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS,
- INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY
- INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
- 7.3 You agree that the foregoing limitations are reasonable due to
- the non-financial nature of the transaction represented by this
- Agreement, and acknowledge that were it not for these limitations, the
- Licensor(s) would not be willing to make the Documentation available to
- you.
- 7.4 You agree to defend, indemnify, and hold each Licensor harmless
- from any claim brought by a third party alleging any defect in the
- design, manufacture, or operation of any Product which you make, have
- made, or distribute pursuant to this Agreement.
- ####
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