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CERN Open Hardware Licence v1.2 | ||
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Preamble | ||
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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. | ||
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1. Definitions | ||
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In this Licence, the following terms have the following meanings: | ||
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“Licence” means this CERN OHL. | ||
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“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. | ||
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“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. | ||
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“Product” means either an entire, or any part of a, device built using | ||
the Documentation or the modified Documentation. | ||
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“Licensee” means any natural or legal person exercising rights under | ||
this Licence. | ||
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“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. | ||
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A Licensee may at the same time be a Licensor, and vice versa. | ||
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Use of the masculine gender includes the feminine and neuter genders | ||
and is employed solely to facilitate reading. | ||
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2. Applicability | ||
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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. | ||
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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. | ||
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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. | ||
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3. Copying, modification, communication to the public and distribution | ||
of the Documentation | ||
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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. | ||
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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. | ||
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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. | ||
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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: | ||
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a) comply with section 3.1; | ||
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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; | ||
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c) cause the modified Documentation to carry a new Documentation | ||
Location notice if the original Documentation provided for one; | ||
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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 | ||
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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. | ||
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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. | ||
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4. Manufacture and distribution of Products | ||
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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. | ||
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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 | ||
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5. Warranty and liability | ||
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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. | ||
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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. | ||
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6. General | ||
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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. | ||
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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. | ||
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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. | ||
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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. |
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