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authorUros Majstorovic <majstor@majstor.org>2021-03-29 13:16:01 +0200
committerUros Majstorovic <majstor@majstor.org>2021-03-29 13:16:01 +0200
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-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.