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Updated to the CERN-OHL-S v2!
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LICENSE.md
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CERN Open Hardware Licence v1.2
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CERN Open Hardware Licence Version 2 - Strongly Reciprocal
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Preamble
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Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN
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wishes to provide a tool to foster collaboration and sharing among
|
||||
hardware designers. The CERN OHL is copyright CERN. Anyone is welcome
|
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to use the CERN OHL, in unmodified form only, for the distribution of
|
||||
their own Open Hardware designs. Any other right is reserved. Release
|
||||
of hardware designs under the CERN OHL does not constitute an
|
||||
endorsement of the licensor or its designs nor does it imply any
|
||||
involvement by CERN in the development of such designs.
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||||
CERN has developed this licence to promote collaboration among
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||||
hardware designers and to provide a legal tool which supports the
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freedom to use, study, modify, share and distribute hardware designs
|
||||
and products based on those designs. Version 2 of the CERN Open
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Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
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two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this
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licence, CERN-OHL-S (strongly reciprocal).
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1. Definitions
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||||
The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in
|
||||
unmodified form only.
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In this Licence, the following terms have the following meanings:
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||||
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
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||||
their development.
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|
||||
“Licence” means this CERN OHL.
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|
||||
“Documentation” means schematic diagrams, designs, circuit or circuit
|
||||
board layouts, mechanical drawings, flow charts and descriptive text,
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||||
and other explanatory material that is explicitly stated as being made
|
||||
available under the conditions of this Licence. The Documentation may
|
||||
be in any medium, including but not limited to computer files and
|
||||
representations on paper, film, or any other media.
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1 Definitions
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||||
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||||
“Documentation Location” means a location where the Licensor has
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placed Documentation, and which he believes will be publicly
|
||||
accessible for at least three years from the first communication to
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||||
the public or distribution of Documentation.
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||||
1.1 'Licence' means this CERN-OHL-S.
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||||
“Product” means either an entire, or any part of a, device built using
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the Documentation or the modified Documentation.
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1.2 'Compatible Licence' means
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||||
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||||
“Licensee” means any natural or legal person exercising rights under
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||||
this Licence.
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a) any earlier version of the CERN Open Hardware licence, or
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||||
|
||||
“Licensor” means any natural or legal person that creates or modifies
|
||||
Documentation and subsequently communicates to the public and/ or
|
||||
distributes the resulting Documentation under the terms and conditions
|
||||
of this Licence.
|
||||
b) any version of the CERN-OHL-S, or
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||||
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||||
A Licensee may at the same time be a Licensor, and vice versa.
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||||
c) any licence which permits You to treat the Source to which
|
||||
it applies as licensed under CERN-OHL-S provided that on
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||||
Conveyance of any such Source, or any associated Product You
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||||
treat the Source in question as being licensed under
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||||
CERN-OHL-S.
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Use of the masculine gender includes the feminine and neuter genders
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and is employed solely to facilitate reading.
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1.3 'Source' means information such as design materials or digital
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code which can be applied to Make or test a Product or to
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||||
prepare a Product for use, Conveyance or sale, regardless of its
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medium or how it is expressed. It may include Notices.
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2. Applicability
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1.4 'Covered Source' means Source that is explicitly made available
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under this Licence.
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2.1. This Licence governs the use, copying, modification,
|
||||
communication to the public and distribution of the Documentation, and
|
||||
the manufacture and distribution of Products. By exercising any right
|
||||
granted under this Licence, the Licensee irrevocably accepts these
|
||||
terms and conditions.
|
||||
1.5 'Product' means any device, component, work or physical object,
|
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whether in finished or intermediate form, arising from the use,
|
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application or processing of Covered Source.
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|
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2.2. This Licence is granted by the Licensor directly to the Licensee,
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and shall apply worldwide and without limitation in time. The Licensee
|
||||
may assign his licence rights or grant sub-licences.
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1.6 'Make' means to create or configure something, whether by
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manufacture, assembly, compiling, loading or applying Covered
|
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Source or another Product or otherwise.
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2.3. This Licence does not extend to software, firmware, or code
|
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loaded into programmable devices which may be used in conjunction with
|
||||
the Documentation, the modified Documentation or with Products, unless
|
||||
such software, firmware, or code is explicitly expressed to be subject
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to this Licence. The use of such software, firmware, or code is
|
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otherwise subject to the applicable licence terms and conditions.
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1.7 'Available Component' means any part, sub-assembly, library or
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code which:
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3. Copying, modification, communication to the public and distribution
|
||||
of the Documentation
|
||||
a) is licensed to You as Complete Source under a Compatible
|
||||
Licence; or
|
||||
|
||||
3.1. The Licensee shall keep intact all copyright and trademarks
|
||||
notices, all notices referring to Documentation Location, and all
|
||||
notices that refer to this Licence and to the disclaimer of warranties
|
||||
that are included in the Documentation. He shall include a copy
|
||||
thereof in every copy of the Documentation or, as the case may be,
|
||||
modified Documentation, that he communicates to the public or
|
||||
distributes.
|
||||
b) is available, at the time a Product or the Source containing
|
||||
it is first Conveyed, to You and any other prospective
|
||||
licensees
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|
||||
3.2. The Licensee may copy, communicate to the public and distribute
|
||||
verbatim copies of the Documentation, in any medium, subject to the
|
||||
requirements specified in section 3.1.
|
||||
i) as a physical part with sufficient rights and
|
||||
information (including any configuration and
|
||||
programming files and information about its
|
||||
characteristics and interfaces) to enable it either to
|
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be Made itself, or to be sourced and used to Make the
|
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Product; or
|
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ii) as part of the normal distribution of a tool used to
|
||||
design or Make the Product.
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||||
|
||||
3.3. The Licensee may modify the Documentation or any portion thereof
|
||||
provided that upon modification of the Documentation, the Licensee
|
||||
shall make the modified Documentation available from a Documentation
|
||||
Location such that it can be easily located by an original Licensor
|
||||
once the Licensee communicates to the public or distributes the
|
||||
modified Documentation under section 3.4, and, where required by
|
||||
section 4.1, by a recipient of a Product. However, the Licensor shall
|
||||
not assert his rights under the foregoing proviso unless or until a
|
||||
Product is distributed.
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||||
1.8 'Complete Source' means the set of all Source necessary to Make
|
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a Product, in the preferred form for making modifications,
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||||
including necessary installation and interfacing information
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||||
both for the Product, and for any included Available Components.
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If the format is proprietary, it must also be made available in
|
||||
a format (if the proprietary tool can create it) which is
|
||||
viewable with a tool available to potential licensees and
|
||||
licensed under a licence approved by the Free Software
|
||||
Foundation or the Open Source Initiative. Complete Source need
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||||
not include the Source of any Available Component, provided that
|
||||
You include in the Complete Source sufficient information to
|
||||
enable a recipient to Make or source and use the Available
|
||||
Component to Make the Product.
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||||
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||||
3.4. The Licensee may communicate to the public and distribute the
|
||||
modified Documentation (thereby in addition to being a Licensee also
|
||||
becoming a Licensor), always provided that he shall:
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1.9 'Source Location' means a location where a Licensor has placed
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Covered Source, and which that Licensor reasonably believes will
|
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remain easily accessible for at least three years for anyone to
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obtain a digital copy.
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||||
|
||||
a) comply with section 3.1;
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1.10 'Notice' means copyright, acknowledgement and trademark notices,
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Source Location references, modification notices (subsection
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3.3(b)) and all notices that refer to this Licence and to the
|
||||
disclaimer of warranties that are included in the Covered
|
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Source.
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||||
|
||||
b) cause the modified Documentation to carry prominent notices stating
|
||||
that the Licensee has modified the Documentation, with the date and
|
||||
description of the modifications;
|
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1.11 'Licensee' or 'You' means any person exercising rights under
|
||||
this Licence.
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||||
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c) cause the modified Documentation to carry a new Documentation
|
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Location notice if the original Documentation provided for one;
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1.12 'Licensor' means a natural or legal person who creates or
|
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modifies Covered Source. A person may be a Licensee and a
|
||||
Licensor at the same time.
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d) make available the modified Documentation at the same level of
|
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abstraction as that of the Documentation, in the preferred format for
|
||||
making modifications to it (e.g. the native format of the CAD tool as
|
||||
applicable), and in the event that format is proprietary, in a format
|
||||
viewable with a tool licensed under an OSI-approved license if the
|
||||
proprietary tool can create it; and
|
||||
1.13 'Convey' means to communicate to the public or distribute.
|
||||
|
||||
e) license the modified Documentation under the terms and conditions
|
||||
of this Licence or, where applicable, a later version of this Licence
|
||||
as may be issued by CERN.
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|
||||
3.5. The Licence includes a non-exclusive licence to those patents or
|
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registered designs that are held by, under the control of, or
|
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sub-licensable by the Licensor, to the extent necessary to make use of
|
||||
the rights granted under this Licence. The scope of this section 3.5
|
||||
shall be strictly limited to the parts of the Documentation or
|
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modified Documentation created by the Licensor.
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2 Applicability
|
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|
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4. Manufacture and distribution of Products
|
||||
2.1 This Licence governs the use, copying, modification, Conveying
|
||||
of Covered Source and Products, and the Making of Products. By
|
||||
exercising any right granted under this Licence, You irrevocably
|
||||
accept these terms and conditions.
|
||||
|
||||
4.1. The Licensee may manufacture or distribute Products always
|
||||
provided that, where such manufacture or distribution requires a
|
||||
licence under this Licence the Licensee provides to each recipient of
|
||||
such Products an easy means of accessing a copy of the Documentation
|
||||
or modified Documentation, as applicable, as set out in section 3.
|
||||
2.2 This Licence is granted by the Licensor directly to You, and
|
||||
shall apply worldwide and without limitation in time.
|
||||
|
||||
4.2. The Licensee is invited to inform any Licensor who has indicated
|
||||
his wish to receive this information about the type, quantity and
|
||||
dates of production of Products the Licensee has (had) manufactured
|
||||
2.3 You shall not attempt to restrict by contract or otherwise the
|
||||
rights granted under this Licence to other Licensees.
|
||||
|
||||
5. Warranty and liability
|
||||
2.4 This Licence is not intended to restrict fair use, fair dealing,
|
||||
or any other similar right.
|
||||
|
||||
5.1. DISCLAIMER – The Documentation and any modified Documentation 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 the
|
||||
Documentation, the modified Documentation or any Product. The Licensor
|
||||
makes no representation that the Documentation, modified
|
||||
Documentation, or any Product, does or will not infringe any patent,
|
||||
copyright, trade secret or other proprietary right. The entire risk as
|
||||
to the use, quality, and performance of a Product shall be with the
|
||||
Licensee 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. The Licensee warrants that it does
|
||||
not act in a consumer capacity.
|
||||
|
||||
5.2. LIMITATION OF LIABILITY – The Licensor shall 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
|
||||
Documentation, modified Documentation and/or the use, manufacture or
|
||||
distribution of a Product, even if advised of the possibility of such
|
||||
damages, and the Licensee 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.
|
||||
3 Copying, Modifying and Conveying Covered Source
|
||||
|
||||
6. General
|
||||
3.1 You may copy and Convey verbatim copies of Covered Source, in
|
||||
any medium, provided You retain all Notices.
|
||||
|
||||
6.1. Except for the rights explicitly granted hereunder, this Licence
|
||||
does not imply or represent any transfer or assignment of intellectual
|
||||
property rights to the Licensee.
|
||||
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.
|
||||
|
||||
6.2. The Licensee shall not use or make reference to any of the names
|
||||
(including acronyms and abbreviations), images, or logos under which
|
||||
the Licensor is known, save in so far as required to comply with
|
||||
section 3. Any such permitted use or reference shall be factual and
|
||||
shall in no event suggest any kind of endorsement by the Licensor or
|
||||
its personnel of the modified Documentation or any Product, or any
|
||||
kind of implication by the Licensor or its personnel in the
|
||||
preparation of the modified Documentation or Product.
|
||||
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.
|
||||
|
||||
6.3. CERN may publish updated versions of this Licence which retain
|
||||
the same general provisions as this version, but differ in detail so
|
||||
far this is required and reasonable. New versions will be published
|
||||
with a unique version number.
|
||||
3.3 You may Convey modified Covered Source (with the effect that You
|
||||
shall also become a Licensor) provided that You:
|
||||
|
||||
6.4. This Licence shall terminate with immediate effect, upon written
|
||||
notice and without involvement of a court if the Licensee fails to
|
||||
comply with any of its terms and conditions, or if the Licensee
|
||||
initiates legal action against Licensor in relation to this
|
||||
Licence. Section 5 shall continue to apply.
|
||||
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 Complete Source or ensure
|
||||
that each recipient is notified of the Source Location of the Complete
|
||||
Source. That Complete Source is Covered Source, and You must
|
||||
accordingly satisfy Your obligations set out in subsection 3.3. If
|
||||
specified in a Notice, the Product must visibly and securely display
|
||||
the Source Location on it or its packaging or documentation in the
|
||||
manner specified in that Notice.
|
||||
|
||||
|
||||
5 Research and Development
|
||||
|
||||
You may Convey Covered Source, modified Covered Source or Products 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 section 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 applies to the Covered Source
|
||||
without specifying a version, You may treat that Covered Source
|
||||
as being released under any version of the CERN-OHL with that
|
||||
variant. If no variant is specified, the Covered Source shall be
|
||||
treated as being released under CERN-OHL-S. The Licensor may
|
||||
also specify that the Covered Source is subject to a specific
|
||||
version of the CERN-OHL or any later version in which case You
|
||||
may apply this or any later version of CERN-OHL with the same
|
||||
variant identifier published by CERN.
|
||||
|
||||
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 receipt of a cure notice and
|
||||
subsequent reinstatement, this Licence will terminate
|
||||
immediately and permanently. Section 6 shall continue to apply
|
||||
after any termination.
|
||||
|
||||
8.6 This Licence shall not be enforceable except by a Licensor
|
||||
acting as such, and third party beneficiary rights are
|
||||
specifically excluded.
|
||||
|
@ -59,5 +59,7 @@ OPD connected boards.
|
||||
|
||||
|
||||
## License
|
||||
OreSat C3 is licensed under the CERN OHL v1.2. A copy of the license is
|
||||
located in [here](LICENSE.md)
|
||||
|
||||
All materials in this repo are copyright Portland State Aerospace Society and are licensed under the CERN Open Hardware Licence Version 2 -
|
||||
Strongly Reciprocal (CERN-OHL-S v2), or any later version. A copy of the license is located in [here](LICENSE.md).
|
||||
|
||||
|
Loading…
Reference in New Issue
Block a user