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- 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:
-
- a) is licensed to You as Complete Source under a Compatible
- Licence; or
-
- b) is available, at the time a Product or the Source containing
- it is first Conveyed, to You and any other prospective
- licensees
-
- 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
- be Made itself, or to be sourced and used to Make the
- Product; or
- ii) as part of the normal distribution of a tool used to
- design or Make the Product.
-
- 1.8 'Complete Source' means the set of all Source necessary to Make
- a Product, in the preferred form for making modifications,
- including necessary installation and interfacing information
- both for the Product, and for any included Available Components.
- 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
- 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.
-
- 1.9 'Source Location' means a location where a Licensor has placed
- Covered Source, and which that Licensor reasonably believes will
- remain easily accessible for at least three years for anyone to
- obtain a digital copy.
-
- 1.10 '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.
-
- 1.11 'Licensee' or 'You' means any person exercising rights under
- this Licence.
-
- 1.12 'Licensor' means a natural or legal person who creates or
- modifies Covered Source. A person may be a Licensee and a
- Licensor at the same time.
-
- 1.13 'Convey' means to communicate to the public or distribute.
-
-
- 2 Applicability
-
- 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.
-
- 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 become a Licensor) 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 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.
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