incutec-OpenESC-30x30/LICENSE

CERN Open Hardware Licence Version 2 - Strongly Reciprocal

Preamble

CERN has developed this licence to promote collaboration among hardware
designers and to provide a legal tool which supports the freedom to use,
study, modify, share and distribute hardware designs and products based on
those designs. Version 2 of the CERN Open Hardware Licence comes in three
variants: CERN-OHL-P (permissive); and two reciprocal licences: CERN-OHL-W
(weakly reciprocal) and this licence, CERN-OHL-S (strongly reciprocal).

The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.

Use of this Licence does not imply any endorsement by CERN of any Licensor or
their designs nor does it imply any involvement by CERN in their development.

1 Definitions

  1.1 'Licence' means this CERN-OHL-S.

  1.2 'Compatible Licence' means

       a) any earlier version of the CERN Open Hardware licence, or

       b) any version of the CERN-OHL-S, or

       c) any licence which permits You to treat the Source to which it
          applies as licensed under CERN-OHL-S provided that on Conveyance of
          any such Source, or any associated Product You treat the Source in
          question as being licensed under CERN-OHL-S.

  1.3 'Source' means information such as design materials or digital code
      which can be applied to Make or test a Product or to prepare a Product
      for use, Conveyance or sale, regardless of its medium or how it is
      expressed. It may include Notices.

  1.4 'Covered Source' means Source that is explicitly made available under
      this Licence.

  1.5 'Product' means any device, component, work or physical object, whether
      in finished or intermediate form, arising from the use, application or
      processing of Covered Source.

  1.6 'Make' means to create or configure something, whether by manufacture,
      assembly, compiling, loading or applying Covered Source or another
      Product or otherwise.

  1.7 'Available Component' means any part, sub-assembly, library or code
      which, at the time a Product or the Source containing it is first
      Conveyed, is available to You, without restriction, to Make, use,
      Convey and so on, for the same purposes as the rest of the Source or
      the Product.

  1.8 'External Material' means anything (including Source) obtained
      independently of this Licence, not being Source or a Product and to
      which this Licence does not apply.

  1.9 'Notice' means copyright, acknowledgement and trademark notices, Source
      Location references, modification notices (subsection 3.3(b)) and all
      notices that refer to this Licence and to the disclaimer of warranties
      that are included in the Covered Source.

  1.10 'Licensee' or 'You' means any person exercising rights under this
       Licence.

  1.11 'Licensor' means a natural or legal person who creates or modifies
       Source or a Product and subsequently Conveys that Source or Product
       under the terms and conditions of this Licence.

  1.12 'Convey' means to communicate to the public or distribute.

  1.13 'Source Location' means a valid URI at which the Covered Source is
       available to any Licensee.

2 Applicability

  2.1 This Licence governs the use, copying, modification, Conveyance of
      Covered Source and Products, and the Making of Products, in each case
      as expressly provided under this Licence. By exercising any right
      granted under this Licence, You irrevocably accept these terms and
      conditions.

  2.2 This Licence is granted by the Licensor directly to You, and shall
      apply worldwide and without limitation in time.

  2.3 You shall not attempt to restrict by contract or otherwise the rights
      granted under this Licence to other Licensees.

  2.4 This Licence is not intended to restrict fair use, fair dealing, or
      any other similar right.

3 Copying, Modifying and Conveying Covered Source

  3.1 You may copy and Convey verbatim copies of Covered Source, in any
      medium, provided You retain all Notices.

  3.2 You may modify Covered Source, other than Notices, provided that You
      irrevocably undertake to make that modified Covered Source available
      from a Source Location should You Convey a Product in circumstances
      where the recipient does not otherwise receive a copy of the modified
      Covered Source. In each case subsection 3.3 shall apply.

      You may only delete Notices if they are no longer applicable to the
      corresponding Covered Source as modified by You and You may add
      additional Notices applicable to Your modifications. Including Covered
      Source in a larger work is modifying the Covered Source, and the
      larger work becomes modified Covered Source.

  3.3 You may Convey modified Covered Source (with the effect that You shall
      also Convey the modified Covered Source under the terms of this
      Licence) provided that You:

       a) retain Notices as required in subsection 3.2;

       b) add a Notice to the modified Covered Source stating that You have
          modified it, with the date and brief description of how You have
          modified it;

       c) add a Source Location Notice for the modified Covered Source if
          You Convey in circumstances where the recipient does not otherwise
          receive a copy of the modified Covered Source; and

       d) license the modified Covered Source under the terms and conditions
          of this Licence (or, as set out in subsection 8.3, a later version,
          if permitted by the licence of the original Covered Source). Such
          modified Covered Source must be licensed as a whole, but excluding
          Available Components contained in it, which remain licensed under
          their own applicable licences.

4 Making and Conveying Products

  You may Make Products, and/or Convey them, provided that You either provide
  each recipient with a copy of the Covered Source or ensure that each
  recipient is notified of the Source Location of the Covered Source. That
  Covered Source is Covered Source as defined in subsection 3.3 if it has been
  modified. You may not impose any further restrictions on the exercise of the
  rights granted under this Licence.

5 Research and Development

  You may Convey Covered Source, modified Covered Source, Products or parts of
  them, to a legal entity carrying out development, testing or quality
  assurance work on Your behalf provided that the work is performed on terms
  which prevent the entity from both using the Source or Products for its own
  internal purposes and Conveying the Source or Products or any modifications
  to them to any person other than You. Any modifications made by the entity
  shall be deemed to be made by You pursuant to subsection 3.2.

6 DISCLAIMER AND LIABILITY

  6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are
      provided 'as is' and any express or implied warranties, including, but
      not limited to, implied warranties of merchantability, of satisfactory
      quality, non-infringement of third party rights, and fitness for a
      particular purpose or use are disclaimed in respect of any Source or
      Product to the maximum extent permitted by law. The Licensor makes no
      representation that any Source or Product does not or will not infringe
      any patent, copyright, trade secret or other proprietary right. The
      entire risk as to the use, quality, and performance of any Source or
      Product shall be with You and not the Licensor. This disclaimer of
      warranty is an essential part of this Licence and a condition for the
      grant of any rights granted under this Licence.

  6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the
      maximum extent permitted by law, have no liability for direct, indirect,
      special, incidental, consequential, exemplary, punitive or other
      damages of any character including, without limitation, procurement of
      substitute goods or services, loss of use, data or profits, or business
      interruption, however caused and on any theory of contract, warranty,
      tort (including negligence), product liability or otherwise, arising in
      any way in relation to the Covered Source, modified Covered Source
      and/or the Making or Conveyance of a Product, even if advised of the
      possibility of such damages, and You shall hold the Licensor(s) free
      and harmless from any liability, costs, damages, fees and expenses,
      including claims by third parties, in relation to such use.

7 Patents

  7.1 Subject to the terms and conditions of this Licence, each Licensor
      hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
      royalty-free, irrevocable (except as stated in subsections 7.2 and 8.4)
      patent licence to Make, have Made, use, offer to sell, sell, import,
      and otherwise transfer the Covered Source and Products, where such
      licence applies only to those patent claims licensable by such Licensor
      that are necessarily infringed by exercising rights under the Covered
      Source as Conveyed by that Licensor.

  7.2 If You institute patent litigation against any entity (including a
      cross-claim or counterclaim in a lawsuit) alleging that the Covered
      Source or a Product constitutes direct or contributory patent
      infringement, or You seek any declaration that a patent licensed to You
      under this Licence is invalid or unenforceable then any rights granted
      to You under this Licence shall terminate as of the date such process
      is initiated.

8 General

  8.1 If any provisions of this Licence are or subsequently become invalid
      or unenforceable for any reason, the remaining provisions shall remain
      effective.

  8.2 You shall not use any of the name (including acronyms and
      abbreviations), image, or logo by which the Licensor or CERN is known,
      except where needed to comply with subsection 3.3, or where the use is
      otherwise allowed by law. Any such permitted use shall be factual and
      shall not be made so as to suggest any kind of endorsement or
      implication of involvement by the Licensor or its personnel.

  8.3 CERN may publish updated versions and variants of this Licence which it
      considers to be in the spirit of this version, but may differ in detail
      to address new problems or concerns. New versions will be published
      with a unique version number and a variant identifier specifying the
      variant. If the Licensor has specified that a given variant is
      applicable, You may treat any later version with the same variant
      identifier published by CERN as applicable instead. If the Licensor has
      specified that only this version is applicable, only this version shall
      apply.

  8.4 This Licence shall terminate with immediate effect if You fail to
      comply with any of its terms and conditions.

  8.5 However, if You cease all breaches of this Licence, then Your Licence
      from any Licensor is reinstated unless such Licensor has terminated this
      Licence by giving You, while You remain in breach, a notice specifying
      the breach and requiring You to cure it within 30 days, and You have
      failed to come into compliance in all material respects by the end of
      the 30 day period. Should You repeat the breach after cure, upon notice
      of such repeat breach from the Licensor You will lose the rights
      granted under this Licence from that Licensor, including any rights in
      respect of Source and Products based on or using the Source you received
      from that Licensor. As a Licensor, You may also specify in any Notice
      an additional requirement that if any Licensee makes any breach of this
      Licence, then the Licensor may terminate this Licence.

  8.6 This Licence shall not be enforceable except by a Licensor acting as
      such, and third party beneficiary rights are specifically excluded.