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168 lines
8.0 KiB
168 lines
8.0 KiB
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 designers
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and to provide a legal tool which supports the freedom to use, study, modify,
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share and distribute hardware designs and products based on those designs.
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Version 2 of the CERN Open Hardware Licence comes in three variants: this
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licence, CERN-OHL-P (permissive); and two reciprocal licences: CERN- OHL-W
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(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 unmodified
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form only.
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Use of this Licence does not imply any endorsement by CERN of any Licensor
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or 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 which
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can be applied to Make or test a Product or to prepare a Product for use,
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Conveyance or sale, regardless of its medium or how it is expressed. It may
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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 processing
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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 Product
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or otherwise.
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1.6 'Notice' means copyright, acknowledgement and trademark notices, references
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to the location of any Notices, modification notices (subsection 3.3(b)) and
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all notices that refer to this Licence and to the disclaimer of warranties
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that are included in the Covered Source.
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1.7 'Licensee' or 'You' means any person exercising rights under this 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 and
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conditions of this Licence. A person may be a Licensee and a Licensor at the
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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 Covered
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Source and Products, and the Making of Products. By exercising any right granted
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under this Licence, You irrevocably accept these terms 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 medium,
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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 corresponding
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Covered Source as modified by You and You may add additional Notices applicable
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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 modified
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it, with the date and brief description of how You have 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:
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a) You comply at all times with subsection 3.3; and
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b) You 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 provided
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'as is' and any express or implied warranties, including, but not limited
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to, implied warranties of merchantability, of satisfactory quality, non-infringement
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of third party rights, and fitness for a particular purpose or use are disclaimed
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in respect of any Source or Product to the maximum extent permitted by law.
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The Licensor makes no representation that any Source or Product does not or
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will not infringe any patent, copyright, trade secret or other proprietary
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right. The entire risk as to the use, quality, and performance of any Source
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or Product shall be with You and not the Licensor. This disclaimer of warranty
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is an essential part of this Licence and a condition for the grant of any
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rights granted under this Licence.
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5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the maximum
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extent permitted by law, have no liability for direct, indirect, special,
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incidental, consequential, exemplary, punitive or other damages of any character
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including, without limitation, procurement of substitute goods or services,
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loss of use, data or profits, or business interruption, however caused and
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on any theory of contract, warranty, tort (including negligence), product
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liability or otherwise, arising in any way in relation to the Covered Source,
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modified Covered Source and/or the Making or Conveyance of a Product, even
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if advised of the possibility of such damages, and You shall hold the Licensor(s)
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free and harmless from any liability, costs, damages, fees and expenses, including
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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 hereby
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grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
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irrevocable (except as stated in this section 6, or where terminated by the
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Licensor for cause) patent license to Make, have Made, use, offer to sell,
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sell, import, and otherwise transfer the Covered Source and Products, where
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such licence applies only to those patent claims licensable by such Licensor
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that are necessarily infringed by exercising rights under the Covered Source
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as Conveyed by that Licensor.
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6.2 If You institute patent litigation against any entity (including a cross-claim
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or counterclaim in a lawsuit) alleging that the Covered Source or a Product
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constitutes direct or contributory patent infringement, or You seek any declaration
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that a patent licensed to You under this Licence is invalid or unenforceable
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then any rights granted to You under this Licence shall terminate as of the
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date such process is 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 effective.
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7.2 You shall not use any of the name (including acronyms and abbreviations),
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image, or logo by which the Licensor or CERN is known, except where needed
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to comply with section 3, or where the use is otherwise allowed by law. Any
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such permitted use shall be factual and shall not be made so as to suggest
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any kind of endorsement or implication of involvement by the Licensor or its
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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 to
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address new problems or concerns. New versions will be published with a unique
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version number and a variant identifier specifying the variant. If the Licensor
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has specified that a given variant applies to the Covered Source without specifying
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a version, You may treat that Covered Source as being released under any version
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of the CERN-OHL with that variant. If no variant is specified, the Covered
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Source shall be treated as being released under CERN-OHL-S. The Licensor may
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also specify that the Covered Source is subject to a specific version of the
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CERN-OHL or any later version in which case You may apply this or any later
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version 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 such,
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and third party beneficiary rights are specifically excluded.
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