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185 lines
8.6 KiB
Plaintext
185 lines
8.6 KiB
Plaintext
CERN Open Hardware Licence Version 2 - Permissive
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Preamble
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CERN has developed this licence to promote collaboration among hardware
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designers and to provide a legal tool which supports the freedom to use,
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study, modify, share and distribute hardware designs and products based on
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those designs. Version 2 of the CERN Open Hardware Licence comes in three
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variants: this licence, CERN-OHL-P (permissive); and two reciprocal licences:
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CERN-OHL-W (weakly reciprocal) and CERN-OHL-S (strongly reciprocal).
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The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in
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unmodified form only.
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Use of this Licence does not imply any endorsement by CERN of any Licensor or
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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-P.
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1.2 'Source' means information such as design materials or digital code
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which can be applied to Make or test a Product or to prepare a Product
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for use, Conveyance or sale, regardless of its medium or how it is
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expressed. It may include Notices.
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1.3 'Covered Source' means Source that is explicitly made available under
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this Licence.
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1.4 'Product' means any device, component, work or physical object, whether
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in finished or intermediate form, arising from the use, application or
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processing of Covered Source.
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1.5 'Make' means to create or configure something, whether by manufacture,
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assembly, compiling, loading or applying Covered Source or another
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Product or otherwise.
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1.6 'Notice' means copyright, acknowledgement and trademark notices,
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references to the location of any Notices, modification notices
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(subsection 3.3(b)) and all notices that refer to this Licence and to
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the disclaimer of warranties that are included in the Covered Source.
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1.7 'Licensee' or 'You' means any person exercising rights under this
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Licence.
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1.8 'Licensor' means a person who creates Source or modifies Covered Source
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and subsequently Conveys the resulting Covered Source under the terms
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and conditions of this Licence. A person may be a Licensee and a
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Licensor at the same time.
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1.9 '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
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Covered Source and Products, and the Making of Products. By exercising
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any right granted under this Licence, You irrevocably accept these terms
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and conditions.
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2.2 This Licence is granted by the Licensor directly to You, and shall apply
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worldwide and without limitation in time.
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2.3 You shall not attempt to restrict by contract or otherwise the rights
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granted under this Licence to other Licensees.
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2.4 This Licence is not intended to restrict fair use, fair dealing, or any
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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
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medium, provided You retain all Notices.
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3.2 You may modify Covered Source, other than Notices.
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You may only delete Notices if they are no longer applicable to the
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corresponding Covered Source as modified by You and You may add
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additional Notices applicable to Your modifications.
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3.3 You may Convey modified Covered Source (with the effect that You shall
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also become a Licensor) provided that You:
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a) retain Notices as required in subsection 3.2; and
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b) add a Notice to the modified Covered Source stating that You have
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modified it, with the date and brief description of how You have
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modified it.
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3.4 You may Convey Covered Source or modified Covered Source under licence
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terms which differ from the terms of this Licence provided that You:
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a) comply at all times with subsection 3.3; and
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b) provide a copy of this Licence to anyone to whom You Convey Covered
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Source or modified Covered Source.
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4 Making and Conveying Products
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You may Make Products, and/or Convey them, provided that You ensure that the
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recipient of the Product has access to any Notices applicable to the Product.
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5 DISCLAIMER AND LIABILITY
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5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are
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provided 'as is' and any express or implied warranties, including, but
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not limited to, implied warranties of merchantability, of satisfactory
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quality, non-infringement of third party rights, and fitness for a
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particular purpose or use are disclaimed in respect of any Source or
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Product to the maximum extent permitted by law. The Licensor makes no
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representation that any Source or Product does not or will not infringe
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any patent, copyright, trade secret or other proprietary right. The
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entire risk as to the use, quality, and performance of any Source or
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Product shall be with You and not the Licensor. This disclaimer of
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warranty is an essential part of this Licence and a condition for the
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grant of any rights granted under this Licence.
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5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the
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maximum extent permitted by law, have no liability for direct, indirect,
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special, incidental, consequential, exemplary, punitive or other damages
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of any character including, without limitation, procurement of
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substitute goods or services, loss of use, data or profits, or business
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interruption, however caused and on any theory of contract, warranty,
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tort (including negligence), product liability or otherwise, arising in
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any way in relation to the Covered Source, modified Covered Source
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and/or the Making or Conveyance of a Product, even if advised of the
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possibility of such damages, and You shall hold the Licensor(s) free and
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harmless from any liability, costs, damages, fees and expenses,
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including claims by third parties, in relation to such use.
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6 Patents
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6.1 Subject to the terms and conditions of this Licence, each Licensor
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hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
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royalty-free, irrevocable (except as stated in this section 6, or where
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terminated by the Licensor for cause) patent licence to Make, have Made,
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use, offer to sell, sell, import, and otherwise transfer the Covered
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Source and Products, where such licence applies only to those patent
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claims licensable by such Licensor that are necessarily infringed by
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exercising rights under the Covered Source as Conveyed by that Licensor.
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6.2 If You institute patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Covered
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Source or a Product constitutes direct or contributory patent
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infringement, or You seek any declaration that a patent licensed to You
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under this Licence is invalid or unenforceable then any rights granted
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to You under this Licence shall terminate as of the date such process is
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initiated.
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7 General
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7.1 If any provisions of this Licence are or subsequently become invalid or
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unenforceable for any reason, the remaining provisions shall remain
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effective.
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7.2 You shall not use any of the name (including acronyms and
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abbreviations), image, or logo by which the Licensor or CERN is known,
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except where needed to comply with section 3, or where the use is
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otherwise allowed by law. Any such permitted use shall be factual and
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shall not be made so as to suggest any kind of endorsement or
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implication of involvement by the Licensor or its personnel.
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7.3 CERN may publish updated versions and variants of this Licence which it
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considers to be in the spirit of this version, but may differ in detail
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to address new problems or concerns. New versions will be published with
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a unique version number and a variant identifier specifying the variant.
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If the Licensor has specified that a given variant applies to the
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Covered Source without specifying a version, You may treat that Covered
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Source as being released under any version of the CERN-OHL with that
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variant. If no variant is specified, the Covered Source shall be treated
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as being released under CERN-OHL-S. The Licensor may also specify that
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the Covered Source is subject to a specific version of the CERN-OHL or
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any later version in which case You may apply this or any later version
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of CERN-OHL with the same variant identifier published by CERN.
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7.4 This Licence shall not be enforceable except by a Licensor acting as
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such, and third party beneficiary rights are specifically excluded.
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