LICENSE (13419B)
1 CERN Open Hardware Licence Version 2 - Strongly Reciprocal 2 3 4 Preamble 5 6 CERN has developed this licence to promote collaboration among 7 hardware designers and to provide a legal tool which supports the 8 freedom to use, study, modify, share and distribute hardware designs 9 and products based on those designs. Version 2 of the CERN Open 10 Hardware Licence comes in three variants: CERN-OHL-P (permissive); and 11 two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this 12 licence, CERN-OHL-S (strongly reciprocal). 13 14 The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in 15 unmodified form only. 16 17 Use of this Licence does not imply any endorsement by CERN of any 18 Licensor or their designs nor does it imply any involvement by CERN in 19 their development. 20 21 22 1 Definitions 23 24 1.1 'Licence' means this CERN-OHL-S. 25 26 1.2 'Compatible Licence' means 27 28 a) any earlier version of the CERN Open Hardware licence, or 29 30 b) any version of the CERN-OHL-S, or 31 32 c) any licence which permits You to treat the Source to which 33 it applies as licensed under CERN-OHL-S provided that on 34 Conveyance of any such Source, or any associated Product You 35 treat the Source in question as being licensed under 36 CERN-OHL-S. 37 38 1.3 'Source' means information such as design materials or digital 39 code which can be applied to Make or test a Product or to 40 prepare a Product for use, Conveyance or sale, regardless of its 41 medium or how it is expressed. It may include Notices. 42 43 1.4 'Covered Source' means Source that is explicitly made available 44 under this Licence. 45 46 1.5 'Product' means any device, component, work or physical object, 47 whether in finished or intermediate form, arising from the use, 48 application or processing of Covered Source. 49 50 1.6 'Make' means to create or configure something, whether by 51 manufacture, assembly, compiling, loading or applying Covered 52 Source or another Product or otherwise. 53 54 1.7 'Available Component' means any part, sub-assembly, library or 55 code which: 56 57 a) is licensed to You as Complete Source under a Compatible 58 Licence; or 59 60 b) is available, at the time a Product or the Source containing 61 it is first Conveyed, to You and any other prospective 62 licensees 63 64 i) as a physical part with sufficient rights and 65 information (including any configuration and 66 programming files and information about its 67 characteristics and interfaces) to enable it either to 68 be Made itself, or to be sourced and used to Make the 69 Product; or 70 ii) as part of the normal distribution of a tool used to 71 design or Make the Product. 72 73 1.8 'Complete Source' means the set of all Source necessary to Make 74 a Product, in the preferred form for making modifications, 75 including necessary installation and interfacing information 76 both for the Product, and for any included Available Components. 77 If the format is proprietary, it must also be made available in 78 a format (if the proprietary tool can create it) which is 79 viewable with a tool available to potential licensees and 80 licensed under a licence approved by the Free Software 81 Foundation or the Open Source Initiative. Complete Source need 82 not include the Source of any Available Component, provided that 83 You include in the Complete Source sufficient information to 84 enable a recipient to Make or source and use the Available 85 Component to Make the Product. 86 87 1.9 'Source Location' means a location where a Licensor has placed 88 Covered Source, and which that Licensor reasonably believes will 89 remain easily accessible for at least three years for anyone to 90 obtain a digital copy. 91 92 1.10 'Notice' means copyright, acknowledgement and trademark notices, 93 Source Location references, modification notices (subsection 94 3.3(b)) and all notices that refer to this Licence and to the 95 disclaimer of warranties that are included in the Covered 96 Source. 97 98 1.11 'Licensee' or 'You' means any person exercising rights under 99 this Licence. 100 101 1.12 'Licensor' means a natural or legal person who creates or 102 modifies Covered Source. A person may be a Licensee and a 103 Licensor at the same time. 104 105 1.13 'Convey' means to communicate to the public or distribute. 106 107 108 2 Applicability 109 110 2.1 This Licence governs the use, copying, modification, Conveying 111 of Covered Source and Products, and the Making of Products. By 112 exercising any right granted under this Licence, You irrevocably 113 accept these terms and conditions. 114 115 2.2 This Licence is granted by the Licensor directly to You, and 116 shall apply worldwide and without limitation in time. 117 118 2.3 You shall not attempt to restrict by contract or otherwise the 119 rights granted under this Licence to other Licensees. 120 121 2.4 This Licence is not intended to restrict fair use, fair dealing, 122 or any other similar right. 123 124 125 3 Copying, modifying and Conveying Covered Source 126 127 3.1 You may copy and Convey verbatim copies of Covered Source, in 128 any medium, provided You retain all Notices. 129 130 3.2 You may modify Covered Source, other than Notices, provided that 131 You irrevocably undertake to make that modified Covered Source 132 available from a Source Location should You Convey a Product in 133 circumstances where the recipient does not otherwise receive a 134 copy of the modified Covered Source. In each case subsection 3.3 135 shall apply. 136 137 You may only delete Notices if they are no longer applicable to 138 the corresponding Covered Source as modified by You and You may 139 add additional Notices applicable to Your modifications. 140 Including Covered Source in a larger work is modifying the 141 Covered Source, and the larger work becomes modified Covered 142 Source. 143 144 3.3 You may Convey modified Covered Source (with the effect that You 145 shall also become a Licensor) provided that You: 146 147 a) retain Notices as required in subsection 3.2; 148 149 b) add a Notice to the modified Covered Source stating that You 150 have modified it, with the date and brief description of how 151 You have modified it; 152 153 c) add a Source Location Notice for the modified Covered Source 154 if You Convey in circumstances where the recipient does not 155 otherwise receive a copy of the modified Covered Source; and 156 157 d) license the modified Covered Source under the terms and 158 conditions of this Licence (or, as set out in subsection 159 8.3, a later version, if permitted by the licence of the 160 original Covered Source). Such modified Covered Source must 161 be licensed as a whole, but excluding Available Components 162 contained in it, which remain licensed under their own 163 applicable licences. 164 165 166 4 Making and Conveying Products 167 168 You may Make Products, and/or Convey them, provided that You either 169 provide each recipient with a copy of the Complete Source or ensure 170 that each recipient is notified of the Source Location of the Complete 171 Source. That Complete Source is Covered Source, and You must 172 accordingly satisfy Your obligations set out in subsection 3.3. If 173 specified in a Notice, the Product must visibly and securely display 174 the Source Location on it or its packaging or documentation in the 175 manner specified in that Notice. 176 177 178 5 Research and Development 179 180 You may Convey Covered Source, modified Covered Source or Products to 181 a legal entity carrying out development, testing or quality assurance 182 work on Your behalf provided that the work is performed on terms which 183 prevent the entity from both using the Source or Products for its own 184 internal purposes and Conveying the Source or Products or any 185 modifications to them to any person other than You. Any modifications 186 made by the entity shall be deemed to be made by You pursuant to 187 subsection 3.2. 188 189 190 6 DISCLAIMER AND LIABILITY 191 192 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products 193 are provided 'as is' and any express or implied warranties, 194 including, but not limited to, implied warranties of 195 merchantability, of satisfactory quality, non-infringement of 196 third party rights, and fitness for a particular purpose or use 197 are disclaimed in respect of any Source or Product to the 198 maximum extent permitted by law. The Licensor makes no 199 representation that any Source or Product does not or will not 200 infringe any patent, copyright, trade secret or other 201 proprietary right. The entire risk as to the use, quality, and 202 performance of any Source or Product shall be with You and not 203 the Licensor. This disclaimer of warranty is an essential part 204 of this Licence and a condition for the grant of any rights 205 granted under this Licence. 206 207 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to 208 the maximum extent permitted by law, have no liability for 209 direct, indirect, special, incidental, consequential, exemplary, 210 punitive or other damages of any character including, without 211 limitation, procurement of substitute goods or services, loss of 212 use, data or profits, or business interruption, however caused 213 and on any theory of contract, warranty, tort (including 214 negligence), product liability or otherwise, arising in any way 215 in relation to the Covered Source, modified Covered Source 216 and/or the Making or Conveyance of a Product, even if advised of 217 the possibility of such damages, and You shall hold the 218 Licensor(s) free and harmless from any liability, costs, 219 damages, fees and expenses, including claims by third parties, 220 in relation to such use. 221 222 223 7 Patents 224 225 7.1 Subject to the terms and conditions of this Licence, each 226 Licensor hereby grants to You a perpetual, worldwide, 227 non-exclusive, no-charge, royalty-free, irrevocable (except as 228 stated in subsections 7.2 and 8.4) patent license to Make, have 229 Made, use, offer to sell, sell, import, and otherwise transfer 230 the Covered Source and Products, where such licence applies only 231 to those patent claims licensable by such Licensor that are 232 necessarily infringed by exercising rights under the Covered 233 Source as Conveyed by that Licensor. 234 235 7.2 If You institute patent litigation against any entity (including 236 a cross-claim or counterclaim in a lawsuit) alleging that the 237 Covered Source or a Product constitutes direct or contributory 238 patent infringement, or You seek any declaration that a patent 239 licensed to You under this Licence is invalid or unenforceable 240 then any rights granted to You under this Licence shall 241 terminate as of the date such process is initiated. 242 243 244 8 General 245 246 8.1 If any provisions of this Licence are or subsequently become 247 invalid or unenforceable for any reason, the remaining 248 provisions shall remain effective. 249 250 8.2 You shall not use any of the name (including acronyms and 251 abbreviations), image, or logo by which the Licensor or CERN is 252 known, except where needed to comply with section 3, or where 253 the use is otherwise allowed by law. Any such permitted use 254 shall be factual and shall not be made so as to suggest any kind 255 of endorsement or implication of involvement by the Licensor or 256 its personnel. 257 258 8.3 CERN may publish updated versions and variants of this Licence 259 which it considers to be in the spirit of this version, but may 260 differ in detail to address new problems or concerns. New 261 versions will be published with a unique version number and a 262 variant identifier specifying the variant. If the Licensor has 263 specified that a given variant applies to the Covered Source 264 without specifying a version, You may treat that Covered Source 265 as being released under any version of the CERN-OHL with that 266 variant. If no variant is specified, the Covered Source shall be 267 treated as being released under CERN-OHL-S. The Licensor may 268 also specify that the Covered Source is subject to a specific 269 version of the CERN-OHL or any later version in which case You 270 may apply this or any later version of CERN-OHL with the same 271 variant identifier published by CERN. 272 273 8.4 This Licence shall terminate with immediate effect if You fail 274 to comply with any of its terms and conditions. 275 276 8.5 However, if You cease all breaches of this Licence, then Your 277 Licence from any Licensor is reinstated unless such Licensor has 278 terminated this Licence by giving You, while You remain in 279 breach, a notice specifying the breach and requiring You to cure 280 it within 30 days, and You have failed to come into compliance 281 in all material respects by the end of the 30 day period. Should 282 You repeat the breach after receipt of a cure notice and 283 subsequent reinstatement, this Licence will terminate 284 immediately and permanently. Section 6 shall continue to apply 285 after any termination. 286 287 8.6 This Licence shall not be enforceable except by a Licensor 288 acting as such, and third party beneficiary rights are 289 specifically excluded.