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authorUros Majstorovic <majstor@majstor.org>2020-05-26 17:50:01 +0200
committerUros Majstorovic <majstor@majstor.org>2020-05-26 17:50:01 +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.