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CERN Open Hardware Licence Version 2 - Strongly Reciprocal | ||
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Preamble | ||
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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). | ||
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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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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. | ||
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1 Definitions | ||
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1.1 'Licence' means this CERN-OHL-S. | ||
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1.2 'Compatible Licence' means | ||
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a) any earlier version of the CERN Open Hardware licence, or | ||
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b) any version of the CERN-OHL-S, or | ||
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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 | ||
Conveyance of any such Source, or any associated Product You | ||
treat the Source in question as being licensed under | ||
CERN-OHL-S. | ||
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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. | ||
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1.4 'Covered Source' means Source that is explicitly made available | ||
under this Licence. | ||
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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. | ||
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1.6 'Make' means to create or configure something, whether by | ||
manufacture, assembly, compiling, loading or applying Covered | ||
Source or another Product or otherwise. | ||
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1.7 'Available Component' means any part, sub-assembly, library or | ||
code which: | ||
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a) is licensed to You as Complete Source under a Compatible | ||
Licence; or | ||
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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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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. | ||
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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. | ||
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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. | ||
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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. | ||
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1.11 'Licensee' or 'You' means any person exercising rights under | ||
this Licence. | ||
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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. | ||
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1.13 '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 Source and Products, and the Making of Products. By | ||
exercising any right granted 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 worldwide and without limitation in time. | ||
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2.3 You shall not attempt to restrict by contract or otherwise the | ||
rights 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 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, provided You retain all Notices. | ||
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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. | ||
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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. | ||
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3.3 You may Convey modified Covered Source (with the effect that You | ||
shall also become a Licensor) provided that You: | ||
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a) retain Notices as required in subsection 3.2; | ||
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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; | ||
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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 | ||
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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. | ||
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4 Making and Conveying Products | ||
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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. | ||
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5 Research and Development | ||
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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. | ||
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6 DISCLAIMER AND LIABILITY | ||
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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. | ||
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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. | ||
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7 Patents | ||
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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. | ||
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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. | ||
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8 General | ||
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8.1 If any provisions of this Licence are or subsequently become | ||
invalid or unenforceable for any reason, the remaining | ||
provisions shall remain effective. | ||
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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. | ||
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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. | ||
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8.4 This Licence shall terminate with immediate effect if You fail | ||
to comply with any of its terms and conditions. | ||
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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. | ||
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8.6 This Licence shall not be enforceable except by a Licensor | ||
acting as such, and third party beneficiary rights are | ||
specifically excluded. |