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Andrew Geissler5199d832021-09-24 16:47:35 -05001CERN Open Hardware Licence Version 2 - Permissive
2
3
4Preamble
5
6CERN has developed this licence to promote collaboration among
7hardware designers and to provide a legal tool which supports the
8freedom to use, study, modify, share and distribute hardware designs
9and products based on those designs. Version 2 of the CERN Open
10Hardware Licence comes in three variants: this licence, CERN-OHL-P
11(permissive); and two reciprocal licences: CERN- OHL-W (weakly
12reciprocal) and CERN-OHL-S (strongly reciprocal).
13
14The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in
15unmodified form only.
16
17Use of this Licence does not imply any endorsement by CERN of any
18Licensor or their designs nor does it imply any involvement by CERN in
19their development.
20
21
221 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
592 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
763 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
1064 Making and Conveying Products
107
108You may Make Products, and/or Convey them, provided that You ensure
109that the recipient of the Product has access to any Notices applicable
110to the Product.
111
112
1135 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
1466 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
1687 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.