| CERN Open Hardware Licence Version 2 - Weakly Reciprocal |
| |
| Preamble |
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| 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: this licence, CERN- OHL-W (weakly reciprocal) |
| and CERN-OHL-S (strongly reciprocal). |
| |
| The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in |
| unmodified form only. |
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| 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. |
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| |
| 1 Definitions |
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| 1.1 'Licence' means this CERN-OHL-W. |
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| 1.2 'Compatible Licence' means |
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| a) any earlier version of the CERN Open Hardware licence, or |
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| b) any version of the CERN-OHL-S or the CERN-OHL-W, or |
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| c) any licence which permits You to treat the Source to which |
| it applies as licensed under CERN-OHL-S or CERN-OHL-W |
| 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 or CERN-OHL-W as appropriate. |
| |
| 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. |
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| 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. |
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| 1.6 'Make' means to create or configure something, whether by |
| manufacture, assembly, compiling, loading or applying Covered |
| Source or another Product or otherwise. |
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| 1.7 'Available Component' means any part, sub-assembly, library or |
| code which: |
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| 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) 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. |
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| 1.8 'External Material' means anything (including Source) which: |
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| a) is only combined with Covered Source in such a way that it |
| interfaces with the Covered Source using a documented |
| interface which is described in the Covered Source; and |
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| b) is not a derivative of or contains Covered Source, or, if it |
| is, it is solely to the extent necessary to facilitate such |
| interfacing. |
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| 1.9 '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. |
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| 1.10 '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. |
| |
| 1.11 '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. |
| |
| 1.12 'Licensee' or 'You' means any person exercising rights under |
| this Licence. |
| |
| 1.13 '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. |
| |
| 1.14 'Convey' means to communicate to the public or distribute. |
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| 2 Applicability |
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| 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. |
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| 3 Copying, modifying and Conveying Covered Source |
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| 3.1 You may copy and Convey verbatim copies of Covered Source, in |
| any medium, provided You retain all Notices. |
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| 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. |
| |
| 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; |
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| 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 or External Material to which it is |
| interfaced, which remain licensed under their own applicable |
| licences. |
| |
| |
| 4 Making and Conveying Products |
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| 4.1 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 includes 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. |
| |
| 4.2 Where You Convey a Product which incorporates External Material, |
| the Complete Source for that Product which You are required to |
| provide under subsection 4.1 need not include any Source for the |
| External Material. |
| |
| 4.3 You may license Products under terms of Your choice, provided |
| that such terms do not restrict or attempt to restrict any |
| recipients' rights under this Licence to the Covered Source. |
| |
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| 5 Research and Development |
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| 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. |
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| 6 DISCLAIMER AND LIABILITY |
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| 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. |
| |
| You may treat Covered Source licensed under CERN-OHL-W as |
| licensed under CERN-OHL-S if and only if all Available |
| Components referenced in the Covered Source comply with the |
| corresponding definition of Available Component for CERN-OHL-S. |
| |
| 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. |