blob: 0f882860afce5f8dea62795cfcd8ee0d422d873b [file] [log] [blame]
Andrew Geissler5199d832021-09-24 16:47:35 -05001CERN Open Hardware Licence Version 2 - Weakly Reciprocal
2
3Preamble
4
5CERN has developed this licence to promote collaboration among
6hardware designers and to provide a legal tool which supports the
7freedom to use, study, modify, share and distribute hardware designs
8and products based on those designs. Version 2 of the CERN Open
9Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
10two reciprocal licences: this licence, CERN- OHL-W (weakly reciprocal)
11and CERN-OHL-S (strongly reciprocal).
12
13The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in
14unmodified form only.
15
16Use of this Licence does not imply any endorsement by CERN of any
17Licensor or their designs nor does it imply any involvement by CERN in
18their development.
19
20
211 Definitions
22
23 1.1 'Licence' means this CERN-OHL-W.
24
25 1.2 'Compatible Licence' means
26
27 a) any earlier version of the CERN Open Hardware licence, or
28
29 b) any version of the CERN-OHL-S or the CERN-OHL-W, or
30
31 c) any licence which permits You to treat the Source to which
32 it applies as licensed under CERN-OHL-S or CERN-OHL-W
33 provided that on Conveyance of any such Source, or any
34 associated Product You treat the Source in question as being
35 licensed under CERN-OHL-S or CERN-OHL-W as appropriate.
36
37 1.3 'Source' means information such as design materials or digital
38 code which can be applied to Make or test a Product or to
39 prepare a Product for use, Conveyance or sale, regardless of its
40 medium or how it is expressed. It may include Notices.
41
42 1.4 'Covered Source' means Source that is explicitly made available
43 under this Licence.
44
45 1.5 'Product' means any device, component, work or physical object,
46 whether in finished or intermediate form, arising from the use,
47 application or processing of Covered Source.
48
49 1.6 'Make' means to create or configure something, whether by
50 manufacture, assembly, compiling, loading or applying Covered
51 Source or another Product or otherwise.
52
53 1.7 'Available Component' means any part, sub-assembly, library or
54 code which:
55
56 a) is licensed to You as Complete Source under a Compatible
57 Licence; or
58
59 b) is available, at the time a Product or the Source containing
60 it is first Conveyed, to You and any other prospective
61 licensees
62
63 i) with sufficient rights and information (including any
64 configuration and programming files and information
65 about its characteristics and interfaces) to enable it
66 either to be Made itself, or to be sourced and used to
67 Make the Product; or
68 ii) as part of the normal distribution of a tool used to
69 design or Make the Product.
70
71 1.8 'External Material' means anything (including Source) which:
72
73 a) is only combined with Covered Source in such a way that it
74 interfaces with the Covered Source using a documented
75 interface which is described in the Covered Source; and
76
77 b) is not a derivative of or contains Covered Source, or, if it
78 is, it is solely to the extent necessary to facilitate such
79 interfacing.
80
81 1.9 'Complete Source' means the set of all Source necessary to Make
82 a Product, in the preferred form for making modifications,
83 including necessary installation and interfacing information
84 both for the Product, and for any included Available Components.
85 If the format is proprietary, it must also be made available in
86 a format (if the proprietary tool can create it) which is
87 viewable with a tool available to potential licensees and
88 licensed under a licence approved by the Free Software
89 Foundation or the Open Source Initiative. Complete Source need
90 not include the Source of any Available Component, provided that
91 You include in the Complete Source sufficient information to
92 enable a recipient to Make or source and use the Available
93 Component to Make the Product.
94
95 1.10 'Source Location' means a location where a Licensor has placed
96 Covered Source, and which that Licensor reasonably believes will
97 remain easily accessible for at least three years for anyone to
98 obtain a digital copy.
99
100 1.11 'Notice' means copyright, acknowledgement and trademark notices,
101 Source Location references, modification notices (subsection
102 3.3(b)) and all notices that refer to this Licence and to the
103 disclaimer of warranties that are included in the Covered
104 Source.
105
106 1.12 'Licensee' or 'You' means any person exercising rights under
107 this Licence.
108
109 1.13 'Licensor' means a natural or legal person who creates or
110 modifies Covered Source. A person may be a Licensee and a
111 Licensor at the same time.
112
113 1.14 'Convey' means to communicate to the public or distribute.
114
115
1162 Applicability
117
118 2.1 This Licence governs the use, copying, modification, Conveying
119 of Covered Source and Products, and the Making of Products. By
120 exercising any right granted under this Licence, You irrevocably
121 accept these terms and conditions.
122
123 2.2 This Licence is granted by the Licensor directly to You, and
124 shall apply worldwide and without limitation in time.
125
126 2.3 You shall not attempt to restrict by contract or otherwise the
127 rights granted under this Licence to other Licensees.
128
129 2.4 This Licence is not intended to restrict fair use, fair dealing,
130 or any other similar right.
131
132
1333 Copying, modifying and Conveying Covered Source
134
135 3.1 You may copy and Convey verbatim copies of Covered Source, in
136 any medium, provided You retain all Notices.
137
138 3.2 You may modify Covered Source, other than Notices, provided that
139 You irrevocably undertake to make that modified Covered Source
140 available from a Source Location should You Convey a Product in
141 circumstances where the recipient does not otherwise receive a
142 copy of the modified Covered Source. In each case subsection 3.3
143 shall apply.
144
145 You may only delete Notices if they are no longer applicable to
146 the corresponding Covered Source as modified by You and You may
147 add additional Notices applicable to Your modifications.
148
149 3.3 You may Convey modified Covered Source (with the effect that You
150 shall also become a Licensor) provided that You:
151
152 a) retain Notices as required in subsection 3.2;
153
154 b) add a Notice to the modified Covered Source stating that You
155 have modified it, with the date and brief description of how
156 You have modified it;
157
158 c) add a Source Location Notice for the modified Covered Source
159 if You Convey in circumstances where the recipient does not
160 otherwise receive a copy of the modified Covered Source; and
161
162 d) license the modified Covered Source under the terms and
163 conditions of this Licence (or, as set out in subsection
164 8.3, a later version, if permitted by the licence of the
165 original Covered Source). Such modified Covered Source must
166 be licensed as a whole, but excluding Available Components
167 contained in it or External Material to which it is
168 interfaced, which remain licensed under their own applicable
169 licences.
170
171
1724 Making and Conveying Products
173
174 4.1 You may Make Products, and/or Convey them, provided that You
175 either provide each recipient with a copy of the Complete Source
176 or ensure that each recipient is notified of the Source Location
177 of the Complete Source. That Complete Source includes Covered
178 Source and You must accordingly satisfy Your obligations set out
179 in subsection 3.3. If specified in a Notice, the Product must
180 visibly and securely display the Source Location on it or its
181 packaging or documentation in the manner specified in that
182 Notice.
183
184 4.2 Where You Convey a Product which incorporates External Material,
185 the Complete Source for that Product which You are required to
186 provide under subsection 4.1 need not include any Source for the
187 External Material.
188
189 4.3 You may license Products under terms of Your choice, provided
190 that such terms do not restrict or attempt to restrict any
191 recipients' rights under this Licence to the Covered Source.
192
193
1945 Research and Development
195
196You may Convey Covered Source, modified Covered Source or Products to
197a legal entity carrying out development, testing or quality assurance
198work on Your behalf provided that the work is performed on terms which
199prevent the entity from both using the Source or Products for its own
200internal purposes and Conveying the Source or Products or any
201modifications to them to any person other than You. Any modifications
202made by the entity shall be deemed to be made by You pursuant to
203subsection 3.2.
204
205
2066 DISCLAIMER AND LIABILITY
207
208 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
209 are provided 'as is' and any express or implied warranties,
210 including, but not limited to, implied warranties of
211 merchantability, of satisfactory quality, non-infringement of
212 third party rights, and fitness for a particular purpose or use
213 are disclaimed in respect of any Source or Product to the
214 maximum extent permitted by law. The Licensor makes no
215 representation that any Source or Product does not or will not
216 infringe any patent, copyright, trade secret or other
217 proprietary right. The entire risk as to the use, quality, and
218 performance of any Source or Product shall be with You and not
219 the Licensor. This disclaimer of warranty is an essential part
220 of this Licence and a condition for the grant of any rights
221 granted under this Licence.
222
223 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
224 the maximum extent permitted by law, have no liability for
225 direct, indirect, special, incidental, consequential, exemplary,
226 punitive or other damages of any character including, without
227 limitation, procurement of substitute goods or services, loss of
228 use, data or profits, or business interruption, however caused
229 and on any theory of contract, warranty, tort (including
230 negligence), product liability or otherwise, arising in any way
231 in relation to the Covered Source, modified Covered Source
232 and/or the Making or Conveyance of a Product, even if advised of
233 the possibility of such damages, and You shall hold the
234 Licensor(s) free and harmless from any liability, costs,
235 damages, fees and expenses, including claims by third parties,
236 in relation to such use.
237
238
2397 Patents
240
241 7.1 Subject to the terms and conditions of this Licence, each
242 Licensor hereby grants to You a perpetual, worldwide,
243 non-exclusive, no-charge, royalty-free, irrevocable (except as
244 stated in subsections 7.2 and 8.4) patent license to Make, have
245 Made, use, offer to sell, sell, import, and otherwise transfer
246 the Covered Source and Products, where such licence applies only
247 to those patent claims licensable by such Licensor that are
248 necessarily infringed by exercising rights under the Covered
249 Source as Conveyed by that Licensor.
250
251 7.2 If You institute patent litigation against any entity (including
252 a cross-claim or counterclaim in a lawsuit) alleging that the
253 Covered Source or a Product constitutes direct or contributory
254 patent infringement, or You seek any declaration that a patent
255 licensed to You under this Licence is invalid or unenforceable
256 then any rights granted to You under this Licence shall
257 terminate as of the date such process is initiated.
258
259
2608 General
261
262 8.1 If any provisions of this Licence are or subsequently become
263 invalid or unenforceable for any reason, the remaining
264 provisions shall remain effective.
265
266 8.2 You shall not use any of the name (including acronyms and
267 abbreviations), image, or logo by which the Licensor or CERN is
268 known, except where needed to comply with section 3, or where
269 the use is otherwise allowed by law. Any such permitted use
270 shall be factual and shall not be made so as to suggest any kind
271 of endorsement or implication of involvement by the Licensor or
272 its personnel.
273
274 8.3 CERN may publish updated versions and variants of this Licence
275 which it considers to be in the spirit of this version, but may
276 differ in detail to address new problems or concerns. New
277 versions will be published with a unique version number and a
278 variant identifier specifying the variant. If the Licensor has
279 specified that a given variant applies to the Covered Source
280 without specifying a version, You may treat that Covered Source
281 as being released under any version of the CERN-OHL with that
282 variant. If no variant is specified, the Covered Source shall be
283 treated as being released under CERN-OHL-S. The Licensor may
284 also specify that the Covered Source is subject to a specific
285 version of the CERN-OHL or any later version in which case You
286 may apply this or any later version of CERN-OHL with the same
287 variant identifier published by CERN.
288
289 You may treat Covered Source licensed under CERN-OHL-W as
290 licensed under CERN-OHL-S if and only if all Available
291 Components referenced in the Covered Source comply with the
292 corresponding definition of Available Component for CERN-OHL-S.
293
294 8.4 This Licence shall terminate with immediate effect if You fail
295 to comply with any of its terms and conditions.
296
297 8.5 However, if You cease all breaches of this Licence, then Your
298 Licence from any Licensor is reinstated unless such Licensor has
299 terminated this Licence by giving You, while You remain in
300 breach, a notice specifying the breach and requiring You to cure
301 it within 30 days, and You have failed to come into compliance
302 in all material respects by the end of the 30 day period. Should
303 You repeat the breach after receipt of a cure notice and
304 subsequent reinstatement, this Licence will terminate
305 immediately and permanently. Section 6 shall continue to apply
306 after any termination.
307
308 8.6 This Licence shall not be enforceable except by a Licensor
309 acting as such, and third party beneficiary rights are
310 specifically excluded.