git.s-ol.nu hw/0x33.board/hardware / fe1cf15
license under CERN-OHL-S s-ol 13 days ago
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0 CERN Open Hardware Licence Version 2 - Strongly Reciprocal
1
2
3 Preamble
4
5 CERN has developed this licence to promote collaboration among
6 hardware designers and to provide a legal tool which supports the
7 freedom to use, study, modify, share and distribute hardware designs
8 and products based on those designs. Version 2 of the CERN Open
9 Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
10 two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this
11 licence, CERN-OHL-S (strongly reciprocal).
12
13 The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in
14 unmodified form only.
15
16 Use of this Licence does not imply any endorsement by CERN of any
17 Licensor or their designs nor does it imply any involvement by CERN in
18 their development.
19
20
21 1 Definitions
22
23 1.1 'Licence' means this CERN-OHL-S.
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
30
31 c) any licence which permits You to treat the Source to which
32 it applies as licensed under CERN-OHL-S provided that on
33 Conveyance of any such Source, or any associated Product You
34 treat the Source in question as being licensed under
35 CERN-OHL-S.
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) as a physical part with sufficient rights and
64 information (including any configuration and
65 programming files and information about its
66 characteristics and interfaces) to enable it either to
67 be Made itself, or to be sourced and used to Make the
68 Product; or
69 ii) as part of the normal distribution of a tool used to
70 design or Make the Product.
71
72 1.8 'Complete Source' means the set of all Source necessary to Make
73 a Product, in the preferred form for making modifications,
74 including necessary installation and interfacing information
75 both for the Product, and for any included Available Components.
76 If the format is proprietary, it must also be made available in
77 a format (if the proprietary tool can create it) which is
78 viewable with a tool available to potential licensees and
79 licensed under a licence approved by the Free Software
80 Foundation or the Open Source Initiative. Complete Source need
81 not include the Source of any Available Component, provided that
82 You include in the Complete Source sufficient information to
83 enable a recipient to Make or source and use the Available
84 Component to Make the Product.
85
86 1.9 'Source Location' means a location where a Licensor has placed
87 Covered Source, and which that Licensor reasonably believes will
88 remain easily accessible for at least three years for anyone to
89 obtain a digital copy.
90
91 1.10 'Notice' means copyright, acknowledgement and trademark notices,
92 Source Location references, modification notices (subsection
93 3.3(b)) and all notices that refer to this Licence and to the
94 disclaimer of warranties that are included in the Covered
95 Source.
96
97 1.11 'Licensee' or 'You' means any person exercising rights under
98 this Licence.
99
100 1.12 'Licensor' means a natural or legal person who creates or
101 modifies Covered Source. A person may be a Licensee and a
102 Licensor at the same time.
103
104 1.13 'Convey' means to communicate to the public or distribute.
105
106
107 2 Applicability
108
109 2.1 This Licence governs the use, copying, modification, Conveying
110 of Covered Source and Products, and the Making of Products. By
111 exercising any right granted under this Licence, You irrevocably
112 accept these terms and conditions.
113
114 2.2 This Licence is granted by the Licensor directly to You, and
115 shall apply worldwide and without limitation in time.
116
117 2.3 You shall not attempt to restrict by contract or otherwise the
118 rights granted under this Licence to other Licensees.
119
120 2.4 This Licence is not intended to restrict fair use, fair dealing,
121 or any other similar right.
122
123
124 3 Copying, modifying and Conveying Covered Source
125
126 3.1 You may copy and Convey verbatim copies of Covered Source, in
127 any medium, provided You retain all Notices.
128
129 3.2 You may modify Covered Source, other than Notices, provided that
130 You irrevocably undertake to make that modified Covered Source
131 available from a Source Location should You Convey a Product in
132 circumstances where the recipient does not otherwise receive a
133 copy of the modified Covered Source. In each case subsection 3.3
134 shall apply.
135
136 You may only delete Notices if they are no longer applicable to
137 the corresponding Covered Source as modified by You and You may
138 add additional Notices applicable to Your modifications.
139 Including Covered Source in a larger work is modifying the
140 Covered Source, and the larger work becomes modified Covered
141 Source.
142
143 3.3 You may Convey modified Covered Source (with the effect that You
144 shall also become a Licensor) provided that You:
145
146 a) retain Notices as required in subsection 3.2;
147
148 b) add a Notice to the modified Covered Source stating that You
149 have modified it, with the date and brief description of how
150 You have modified it;
151
152 c) add a Source Location Notice for the modified Covered Source
153 if You Convey in circumstances where the recipient does not
154 otherwise receive a copy of the modified Covered Source; and
155
156 d) license the modified Covered Source under the terms and
157 conditions of this Licence (or, as set out in subsection
158 8.3, a later version, if permitted by the licence of the
159 original Covered Source). Such modified Covered Source must
160 be licensed as a whole, but excluding Available Components
161 contained in it, which remain licensed under their own
162 applicable licences.
163
164
165 4 Making and Conveying Products
166
167 You may Make Products, and/or Convey them, provided that You either
168 provide each recipient with a copy of the Complete Source or ensure
169 that each recipient is notified of the Source Location of the Complete
170 Source. That Complete Source is Covered Source, and You must
171 accordingly satisfy Your obligations set out in subsection 3.3. If
172 specified in a Notice, the Product must visibly and securely display
173 the Source Location on it or its packaging or documentation in the
174 manner specified in that Notice.
175
176
177 5 Research and Development
178
179 You may Convey Covered Source, modified Covered Source or Products to
180 a legal entity carrying out development, testing or quality assurance
181 work on Your behalf provided that the work is performed on terms which
182 prevent the entity from both using the Source or Products for its own
183 internal purposes and Conveying the Source or Products or any
184 modifications to them to any person other than You. Any modifications
185 made by the entity shall be deemed to be made by You pursuant to
186 subsection 3.2.
187
188
189 6 DISCLAIMER AND LIABILITY
190
191 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
192 are provided 'as is' and any express or implied warranties,
193 including, but not limited to, implied warranties of
194 merchantability, of satisfactory quality, non-infringement of
195 third party rights, and fitness for a particular purpose or use
196 are disclaimed in respect of any Source or Product to the
197 maximum extent permitted by law. The Licensor makes no
198 representation that any Source or Product does not or will not
199 infringe any patent, copyright, trade secret or other
200 proprietary right. The entire risk as to the use, quality, and
201 performance of any Source or Product shall be with You and not
202 the Licensor. This disclaimer of warranty is an essential part
203 of this Licence and a condition for the grant of any rights
204 granted under this Licence.
205
206 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
207 the maximum extent permitted by law, have no liability for
208 direct, indirect, special, incidental, consequential, exemplary,
209 punitive or other damages of any character including, without
210 limitation, procurement of substitute goods or services, loss of
211 use, data or profits, or business interruption, however caused
212 and on any theory of contract, warranty, tort (including
213 negligence), product liability or otherwise, arising in any way
214 in relation to the Covered Source, modified Covered Source
215 and/or the Making or Conveyance of a Product, even if advised of
216 the possibility of such damages, and You shall hold the
217 Licensor(s) free and harmless from any liability, costs,
218 damages, fees and expenses, including claims by third parties,
219 in relation to such use.
220
221
222 7 Patents
223
224 7.1 Subject to the terms and conditions of this Licence, each
225 Licensor hereby grants to You a perpetual, worldwide,
226 non-exclusive, no-charge, royalty-free, irrevocable (except as
227 stated in subsections 7.2 and 8.4) patent license to Make, have
228 Made, use, offer to sell, sell, import, and otherwise transfer
229 the Covered Source and Products, where such licence applies only
230 to those patent claims licensable by such Licensor that are
231 necessarily infringed by exercising rights under the Covered
232 Source as Conveyed by that Licensor.
233
234 7.2 If You institute patent litigation against any entity (including
235 a cross-claim or counterclaim in a lawsuit) alleging that the
236 Covered Source or a Product constitutes direct or contributory
237 patent infringement, or You seek any declaration that a patent
238 licensed to You under this Licence is invalid or unenforceable
239 then any rights granted to You under this Licence shall
240 terminate as of the date such process is initiated.
241
242
243 8 General
244
245 8.1 If any provisions of this Licence are or subsequently become
246 invalid or unenforceable for any reason, the remaining
247 provisions shall remain effective.
248
249 8.2 You shall not use any of the name (including acronyms and
250 abbreviations), image, or logo by which the Licensor or CERN is
251 known, except where needed to comply with section 3, or where
252 the use is otherwise allowed by law. Any such permitted use
253 shall be factual and shall not be made so as to suggest any kind
254 of endorsement or implication of involvement by the Licensor or
255 its personnel.
256
257 8.3 CERN may publish updated versions and variants of this Licence
258 which it considers to be in the spirit of this version, but may
259 differ in detail to address new problems or concerns. New
260 versions will be published with a unique version number and a
261 variant identifier specifying the variant. If the Licensor has
262 specified that a given variant applies to the Covered Source
263 without specifying a version, You may treat that Covered Source
264 as being released under any version of the CERN-OHL with that
265 variant. If no variant is specified, the Covered Source shall be
266 treated as being released under CERN-OHL-S. The Licensor may
267 also specify that the Covered Source is subject to a specific
268 version of the CERN-OHL or any later version in which case You
269 may apply this or any later version of CERN-OHL with the same
270 variant identifier published by CERN.
271
272 8.4 This Licence shall terminate with immediate effect if You fail
273 to comply with any of its terms and conditions.
274
275 8.5 However, if You cease all breaches of this Licence, then Your
276 Licence from any Licensor is reinstated unless such Licensor has
277 terminated this Licence by giving You, while You remain in
278 breach, a notice specifying the breach and requiring You to cure
279 it within 30 days, and You have failed to come into compliance
280 in all material respects by the end of the 30 day period. Should
281 You repeat the breach after receipt of a cure notice and
282 subsequent reinstatement, this Licence will terminate
283 immediately and permanently. Section 6 shall continue to apply
284 after any termination.
285
286 8.6 This Licence shall not be enforceable except by a Licensor
287 acting as such, and third party beneficiary rights are
288 specifically excluded.