Andrew Geissler | 5199d83 | 2021-09-24 16:47:35 -0500 | [diff] [blame] | 1 | CERN Open Hardware Licence Version 2 - Permissive |
| 2 | |
| 3 | |
| 4 | Preamble |
| 5 | |
| 6 | CERN has developed this licence to promote collaboration among |
| 7 | hardware designers and to provide a legal tool which supports the |
| 8 | freedom to use, study, modify, share and distribute hardware designs |
| 9 | and products based on those designs. Version 2 of the CERN Open |
| 10 | Hardware Licence comes in three variants: this licence, CERN-OHL-P |
| 11 | (permissive); and two reciprocal licences: CERN- OHL-W (weakly |
| 12 | reciprocal) and CERN-OHL-S (strongly reciprocal). |
| 13 | |
| 14 | The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in |
| 15 | unmodified form only. |
| 16 | |
| 17 | Use of this Licence does not imply any endorsement by CERN of any |
| 18 | Licensor or their designs nor does it imply any involvement by CERN in |
| 19 | their development. |
| 20 | |
| 21 | |
| 22 | 1 Definitions |
| 23 | |
| 24 | 1.1 'Licence' means this CERN-OHL-P. |
| 25 | |
| 26 | 1.2 'Source' means information such as design materials or digital |
| 27 | code which can be applied to Make or test a Product or to |
| 28 | prepare a Product for use, Conveyance or sale, regardless of its |
| 29 | medium or how it is expressed. It may include Notices. |
| 30 | |
| 31 | 1.3 'Covered Source' means Source that is explicitly made available |
| 32 | under this Licence. |
| 33 | |
| 34 | 1.4 'Product' means any device, component, work or physical object, |
| 35 | whether in finished or intermediate form, arising from the use, |
| 36 | application or processing of Covered Source. |
| 37 | |
| 38 | 1.5 'Make' means to create or configure something, whether by |
| 39 | manufacture, assembly, compiling, loading or applying Covered |
| 40 | Source or another Product or otherwise. |
| 41 | |
| 42 | 1.6 'Notice' means copyright, acknowledgement and trademark notices, |
| 43 | references to the location of any Notices, modification notices |
| 44 | (subsection 3.3(b)) and all notices that refer to this Licence |
| 45 | and to the disclaimer of warranties that are included in the |
| 46 | Covered Source. |
| 47 | |
| 48 | 1.7 'Licensee' or 'You' means any person exercising rights under |
| 49 | this Licence. |
| 50 | |
| 51 | 1.8 'Licensor' means a person who creates Source or modifies Covered |
| 52 | Source and subsequently Conveys the resulting Covered Source |
| 53 | under the terms and conditions of this Licence. A person may be |
| 54 | a Licensee and a Licensor at the same time. |
| 55 | |
| 56 | 1.9 'Convey' means to communicate to the public or distribute. |
| 57 | |
| 58 | |
| 59 | 2 Applicability |
| 60 | |
| 61 | 2.1 This Licence governs the use, copying, modification, Conveying |
| 62 | of Covered Source and Products, and the Making of Products. By |
| 63 | exercising any right granted under this Licence, You irrevocably |
| 64 | accept these terms and conditions. |
| 65 | |
| 66 | 2.2 This Licence is granted by the Licensor directly to You, and |
| 67 | shall apply worldwide and without limitation in time. |
| 68 | |
| 69 | 2.3 You shall not attempt to restrict by contract or otherwise the |
| 70 | rights granted under this Licence to other Licensees. |
| 71 | |
| 72 | 2.4 This Licence is not intended to restrict fair use, fair dealing, |
| 73 | or any other similar right. |
| 74 | |
| 75 | |
| 76 | 3 Copying, modifying and Conveying Covered Source |
| 77 | |
| 78 | 3.1 You may copy and Convey verbatim copies of Covered Source, in |
| 79 | any medium, provided You retain all Notices. |
| 80 | |
| 81 | 3.2 You may modify Covered Source, other than Notices. |
| 82 | |
| 83 | You may only delete Notices if they are no longer applicable to |
| 84 | the corresponding Covered Source as modified by You and You may |
| 85 | add additional Notices applicable to Your modifications. |
| 86 | |
| 87 | 3.3 You may Convey modified Covered Source (with the effect that You |
| 88 | shall also become a Licensor) provided that You: |
| 89 | |
| 90 | a) retain Notices as required in subsection 3.2; and |
| 91 | |
| 92 | b) add a Notice to the modified Covered Source stating that You |
| 93 | have modified it, with the date and brief description of how |
| 94 | You have modified it. |
| 95 | |
| 96 | 3.4 You may Convey Covered Source or modified Covered Source under |
| 97 | licence terms which differ from the terms of this Licence |
| 98 | provided that: |
| 99 | |
| 100 | a) You comply at all times with subsection 3.3; and |
| 101 | |
| 102 | b) You provide a copy of this Licence to anyone to whom You |
| 103 | Convey Covered Source or modified Covered Source. |
| 104 | |
| 105 | |
| 106 | 4 Making and Conveying Products |
| 107 | |
| 108 | You may Make Products, and/or Convey them, provided that You ensure |
| 109 | that the recipient of the Product has access to any Notices applicable |
| 110 | to the Product. |
| 111 | |
| 112 | |
| 113 | 5 DISCLAIMER AND LIABILITY |
| 114 | |
| 115 | 5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products |
| 116 | are provided 'as is' and any express or implied warranties, |
| 117 | including, but not limited to, implied warranties of |
| 118 | merchantability, of satisfactory quality, non-infringement of |
| 119 | third party rights, and fitness for a particular purpose or use |
| 120 | are disclaimed in respect of any Source or Product to the |
| 121 | maximum extent permitted by law. The Licensor makes no |
| 122 | representation that any Source or Product does not or will not |
| 123 | infringe any patent, copyright, trade secret or other |
| 124 | proprietary right. The entire risk as to the use, quality, and |
| 125 | performance of any Source or Product shall be with You and not |
| 126 | the Licensor. This disclaimer of warranty is an essential part |
| 127 | of this Licence and a condition for the grant of any rights |
| 128 | granted under this Licence. |
| 129 | |
| 130 | 5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to |
| 131 | the maximum extent permitted by law, have no liability for |
| 132 | direct, indirect, special, incidental, consequential, exemplary, |
| 133 | punitive or other damages of any character including, without |
| 134 | limitation, procurement of substitute goods or services, loss of |
| 135 | use, data or profits, or business interruption, however caused |
| 136 | and on any theory of contract, warranty, tort (including |
| 137 | negligence), product liability or otherwise, arising in any way |
| 138 | in relation to the Covered Source, modified Covered Source |
| 139 | and/or the Making or Conveyance of a Product, even if advised of |
| 140 | the possibility of such damages, and You shall hold the |
| 141 | Licensor(s) free and harmless from any liability, costs, |
| 142 | damages, fees and expenses, including claims by third parties, |
| 143 | in relation to such use. |
| 144 | |
| 145 | |
| 146 | 6 Patents |
| 147 | |
| 148 | 6.1 Subject to the terms and conditions of this Licence, each |
| 149 | Licensor hereby grants to You a perpetual, worldwide, |
| 150 | non-exclusive, no-charge, royalty-free, irrevocable (except as |
| 151 | stated in this section 6, or where terminated by the Licensor |
| 152 | for cause) patent license to Make, have Made, use, offer to |
| 153 | sell, sell, import, and otherwise transfer the Covered Source |
| 154 | and Products, where such licence applies only to those patent |
| 155 | claims licensable by such Licensor that are necessarily |
| 156 | infringed by exercising rights under the Covered Source as |
| 157 | Conveyed by that Licensor. |
| 158 | |
| 159 | 6.2 If You institute patent litigation against any entity (including |
| 160 | a cross-claim or counterclaim in a lawsuit) alleging that the |
| 161 | Covered Source or a Product constitutes direct or contributory |
| 162 | patent infringement, or You seek any declaration that a patent |
| 163 | licensed to You under this Licence is invalid or unenforceable |
| 164 | then any rights granted to You under this Licence shall |
| 165 | terminate as of the date such process is initiated. |
| 166 | |
| 167 | |
| 168 | 7 General |
| 169 | |
| 170 | 7.1 If any provisions of this Licence are or subsequently become |
| 171 | invalid or unenforceable for any reason, the remaining |
| 172 | provisions shall remain effective. |
| 173 | |
| 174 | 7.2 You shall not use any of the name (including acronyms and |
| 175 | abbreviations), image, or logo by which the Licensor or CERN is |
| 176 | known, except where needed to comply with section 3, or where |
| 177 | the use is otherwise allowed by law. Any such permitted use |
| 178 | shall be factual and shall not be made so as to suggest any kind |
| 179 | of endorsement or implication of involvement by the Licensor or |
| 180 | its personnel. |
| 181 | |
| 182 | 7.3 CERN may publish updated versions and variants of this Licence |
| 183 | which it considers to be in the spirit of this version, but may |
| 184 | differ in detail to address new problems or concerns. New |
| 185 | versions will be published with a unique version number and a |
| 186 | variant identifier specifying the variant. If the Licensor has |
| 187 | specified that a given variant applies to the Covered Source |
| 188 | without specifying a version, You may treat that Covered Source |
| 189 | as being released under any version of the CERN-OHL with that |
| 190 | variant. If no variant is specified, the Covered Source shall be |
| 191 | treated as being released under CERN-OHL-S. The Licensor may |
| 192 | also specify that the Covered Source is subject to a specific |
| 193 | version of the CERN-OHL or any later version in which case You |
| 194 | may apply this or any later version of CERN-OHL with the same |
| 195 | variant identifier published by CERN. |
| 196 | |
| 197 | 7.4 This Licence shall not be enforceable except by a Licensor |
| 198 | acting as such, and third party beneficiary rights are |
| 199 | specifically excluded. |