| CERN Open Hardware Licence v1.2 |
| |
| Preamble |
| |
| Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN |
| wishes to provide a tool to foster collaboration and sharing among |
| hardware designers. The CERN OHL is copyright CERN. Anyone is welcome |
| 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. |
| |
| 1. Definitions |
| |
| In this Licence, the following terms have the following meanings: |
| |
| “Licence” means this CERN OHL. |
| |
| “Documentation” means schematic diagrams, designs, circuit or circuit |
| board layouts, mechanical drawings, flow charts and descriptive text, |
| 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. |
| |
| “Documentation Location” means a location where the Licensor has |
| placed Documentation, and which he believes will be publicly |
| accessible for at least three years from the first communication to |
| the public or distribution of Documentation. |
| |
| “Product” means either an entire, or any part of a, device built using |
| the Documentation or the modified Documentation. |
| |
| “Licensee” means any natural or legal person exercising rights under |
| this Licence. |
| |
| “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. |
| |
| A Licensee may at the same time be a Licensor, and vice versa. |
| |
| Use of the masculine gender includes the feminine and neuter genders |
| and is employed solely to facilitate reading. |
| |
| 2. Applicability |
| |
| 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. |
| |
| 2.2. This Licence is granted by the Licensor directly to the Licensee, |
| and shall apply worldwide and without limitation in time. The Licensee |
| may assign his licence rights or grant sub-licences. |
| |
| 2.3. This Licence does not extend to software, firmware, or code |
| 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 |
| to this Licence. The use of such software, firmware, or code is |
| otherwise subject to the applicable licence terms and conditions. |
| |
| 3. Copying, modification, communication to the public and distribution |
| of the Documentation |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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: |
| |
| a) comply with section 3.1; |
| |
| 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; |
| |
| c) cause the modified Documentation to carry a new Documentation |
| Location notice if the original Documentation provided for one; |
| |
| d) make available the modified Documentation at the same level of |
| 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 |
| |
| 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. |
| |
| 3.5. The Licence includes a non-exclusive licence to those patents or |
| registered designs that are held by, under the control of, or |
| 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 |
| modified Documentation created by the Licensor. |
| |
| 4. Manufacture and distribution of Products |
| |
| 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. |
| |
| 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 |
| |
| 5. Warranty and liability |
| |
| 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. |
| |
| 6. General |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |