+
+
+| 1 | CERN Open Hardware Licence v1.2
+ |
+
+
+| 2 |
+ |
+
+
+| 3 | Preamble
+ |
+
+
+| 4 |
+ |
+
+
+| 5 | Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN
+ |
+
+
+| 6 | wishes to provide a tool to foster collaboration and sharing among
+ |
+
+
+| 7 | hardware designers. The CERN OHL is copyright CERN. Anyone is welcome
+ |
+
+
+| 8 | to use the CERN OHL, in unmodified form only, for the distribution of
+ |
+
+
+| 9 | their own Open Hardware designs. Any other right is reserved. Release
+ |
+
+
+| 10 | of hardware designs under the CERN OHL does not constitute an
+ |
+
+
+| 11 | endorsement of the licensor or its designs nor does it imply any
+ |
+
+
+| 12 | involvement by CERN in the development of such designs.
+ |
+
+
+| 13 |
+ |
+
+
+| 14 | 1. Definitions
+ |
+
+
+| 15 |
+ |
+
+
+| 16 | In this Licence, the following terms have the following meanings:
+ |
+
+
+| 17 |
+ |
+
+
+| 18 | “Licence” means this CERN OHL.
+ |
+
+
+| 19 |
+ |
+
+
+| 20 | “Documentation” means schematic diagrams, designs, circuit or circuit
+ |
+
+
+| 21 | board layouts, mechanical drawings, flow charts and descriptive text,
+ |
+
+
+| 22 | and other explanatory material that is explicitly stated as being made
+ |
+
+
+| 23 | available under the conditions of this Licence. The Documentation may
+ |
+
+
+| 24 | be in any medium, including but not limited to computer files and
+ |
+
+
+| 25 | representations on paper, film, or any other media.
+ |
+
+
+| 26 |
+ |
+
+
+| 27 | “Documentation Location” means a location where the Licensor has
+ |
+
+
+| 28 | placed Documentation, and which he believes will be publicly
+ |
+
+
+| 29 | accessible for at least three years from the first communication to
+ |
+
+
+| 30 | the public or distribution of Documentation.
+ |
+
+
+| 31 |
+ |
+
+
+| 32 | “Product” means either an entire, or any part of a, device built using
+ |
+
+
+| 33 | the Documentation or the modified Documentation.
+ |
+
+
+| 34 |
+ |
+
+
+| 35 | “Licensee” means any natural or legal person exercising rights under
+ |
+
+
+| 36 | this Licence.
+ |
+
+
+| 37 |
+ |
+
+
+| 38 | “Licensor” means any natural or legal person that creates or modifies
+ |
+
+
+| 39 | Documentation and subsequently communicates to the public and/ or
+ |
+
+
+| 40 | distributes the resulting Documentation under the terms and conditions
+ |
+
+
+| 41 | of this Licence.
+ |
+
+
+| 42 |
+ |
+
+
+| 43 | A Licensee may at the same time be a Licensor, and vice versa.
+ |
+
+
+| 44 |
+ |
+
+
+| 45 | Use of the masculine gender includes the feminine and neuter genders
+ |
+
+
+| 46 | and is employed solely to facilitate reading.
+ |
+
+
+| 47 |
+ |
+
+
+| 48 | 2. Applicability
+ |
+
+
+| 49 |
+ |
+
+
+| 50 | 2.1. This Licence governs the use, copying, modification,
+ |
+
+
+| 51 | communication to the public and distribution of the Documentation, and
+ |
+
+
+| 52 | the manufacture and distribution of Products. By exercising any right
+ |
+
+
+| 53 | granted under this Licence, the Licensee irrevocably accepts these
+ |
+
+
+| 54 | terms and conditions.
+ |
+
+
+| 55 |
+ |
+
+
+| 56 | 2.2. This Licence is granted by the Licensor directly to the Licensee,
+ |
+
+
+| 57 | and shall apply worldwide and without limitation in time. The Licensee
+ |
+
+
+| 58 | may assign his licence rights or grant sub-licences.
+ |
+
+
+| 59 |
+ |
+
+
+| 60 | 2.3. This Licence does not extend to software, firmware, or code
+ |
+
+
+| 61 | loaded into programmable devices which may be used in conjunction with
+ |
+
+
+| 62 | the Documentation, the modified Documentation or with Products, unless
+ |
+
+
+| 63 | such software, firmware, or code is explicitly expressed to be subject
+ |
+
+
+| 64 | to this Licence. The use of such software, firmware, or code is
+ |
+
+
+| 65 | otherwise subject to the applicable licence terms and conditions.
+ |
+
+
+| 66 |
+ |
+
+
+| 67 | 3. Copying, modification, communication to the public and distribution
+ |
+
+
+| 68 | of the Documentation
+ |
+
+
+| 69 |
+ |
+
+
+| 70 | 3.1. The Licensee shall keep intact all copyright and trademarks
+ |
+
+
+| 71 | notices, all notices referring to Documentation Location, and all
+ |
+
+
+| 72 | notices that refer to this Licence and to the disclaimer of warranties
+ |
+
+
+| 73 | that are included in the Documentation. He shall include a copy
+ |
+
+
+| 74 | thereof in every copy of the Documentation or, as the case may be,
+ |
+
+
+| 75 | modified Documentation, that he communicates to the public or
+ |
+
+
+| 76 | distributes.
+ |
+
+
+| 77 |
+ |
+
+
+| 78 | 3.2. The Licensee may copy, communicate to the public and distribute
+ |
+
+
+| 79 | verbatim copies of the Documentation, in any medium, subject to the
+ |
+
+
+| 80 | requirements specified in section 3.1.
+ |
+
+
+| 81 |
+ |
+
+
+| 82 | 3.3. The Licensee may modify the Documentation or any portion thereof
+ |
+
+
+| 83 | provided that upon modification of the Documentation, the Licensee
+ |
+
+
+| 84 | shall make the modified Documentation available from a Documentation
+ |
+
+
+| 85 | Location such that it can be easily located by an original Licensor
+ |
+
+
+| 86 | once the Licensee communicates to the public or distributes the
+ |
+
+
+| 87 | modified Documentation under section 3.4, and, where required by
+ |
+
+
+| 88 | section 4.1, by a recipient of a Product. However, the Licensor shall
+ |
+
+
+| 89 | not assert his rights under the foregoing proviso unless or until a
+ |
+
+
+| 90 | Product is distributed.
+ |
+
+
+| 91 |
+ |
+
+
+| 92 | 3.4. The Licensee may communicate to the public and distribute the
+ |
+
+
+| 93 | modified Documentation (thereby in addition to being a Licensee also
+ |
+
+
+| 94 | becoming a Licensor), always provided that he shall:
+ |
+
+
+| 95 |
+ |
+
+
+| 96 | a) comply with section 3.1;
+ |
+
+
+| 97 |
+ |
+
+
+| 98 | b) cause the modified Documentation to carry prominent notices stating
+ |
+
+
+| 99 | that the Licensee has modified the Documentation, with the date and
+ |
+
+
+| 100 | description of the modifications;
+ |
+
+
+| 101 |
+ |
+
+
+| 102 | c) cause the modified Documentation to carry a new Documentation
+ |
+
+
+| 103 | Location notice if the original Documentation provided for one;
+ |
+
+
+| 104 |
+ |
+
+
+| 105 | d) make available the modified Documentation at the same level of
+ |
+
+
+| 106 | abstraction as that of the Documentation, in the preferred format for
+ |
+
+
+| 107 | making modifications to it (e.g. the native format of the CAD tool as
+ |
+
+
+| 108 | applicable), and in the event that format is proprietary, in a format
+ |
+
+
+| 109 | viewable with a tool licensed under an OSI-approved license if the
+ |
+
+
+| 110 | proprietary tool can create it; and
+ |
+
+
+| 111 |
+ |
+
+
+| 112 | e) license the modified Documentation under the terms and conditions
+ |
+
+
+| 113 | of this Licence or, where applicable, a later version of this Licence
+ |
+
+
+| 114 | as may be issued by CERN.
+ |
+
+
+| 115 |
+ |
+
+
+| 116 | 3.5. The Licence includes a non-exclusive licence to those patents or
+ |
+
+
+| 117 | registered designs that are held by, under the control of, or
+ |
+
+
+| 118 | sub-licensable by the Licensor, to the extent necessary to make use of
+ |
+
+
+| 119 | the rights granted under this Licence. The scope of this section 3.5
+ |
+
+
+| 120 | shall be strictly limited to the parts of the Documentation or
+ |
+
+
+| 121 | modified Documentation created by the Licensor.
+ |
+
+
+| 122 |
+ |
+
+
+| 123 | 4. Manufacture and distribution of Products
+ |
+
+
+| 124 |
+ |
+
+
+| 125 | 4.1. The Licensee may manufacture or distribute Products always
+ |
+
+
+| 126 | provided that, where such manufacture or distribution requires a
+ |
+
+
+| 127 | licence under this Licence the Licensee provides to each recipient of
+ |
+
+
+| 128 | such Products an easy means of accessing a copy of the Documentation
+ |
+
+
+| 129 | or modified Documentation, as applicable, as set out in section 3.
+ |
+
+
+| 130 |
+ |
+
+
+| 131 | 4.2. The Licensee is invited to inform any Licensor who has indicated
+ |
+
+
+| 132 | his wish to receive this information about the type, quantity and
+ |
+
+
+| 133 | dates of production of Products the Licensee has (had) manufactured
+ |
+
+
+| 134 |
+ |
+
+
+| 135 | 5. Warranty and liability
+ |
+
+
+| 136 |
+ |
+
+
+| 137 | 5.1. DISCLAIMER – The Documentation and any modified Documentation are
+ |
+
+
+| 138 | provided "as is" and any express or implied warranties, including, but
+ |
+
+
+| 139 | not limited to, implied warranties of merchantability, of satisfactory
+ |
+
+
+| 140 | quality, non-infringement of third party rights, and fitness for a
+ |
+
+
+| 141 | particular purpose or use are disclaimed in respect of the
+ |
+
+
+| 142 | Documentation, the modified Documentation or any Product. The Licensor
+ |
+
+
+| 143 | makes no representation that the Documentation, modified
+ |
+
+
+| 144 | Documentation, or any Product, does or will not infringe any patent,
+ |
+
+
+| 145 | copyright, trade secret or other proprietary right. The entire risk as
+ |
+
+
+| 146 | to the use, quality, and performance of a Product shall be with the
+ |
+
+
+| 147 | Licensee and not the Licensor. This disclaimer of warranty is an
+ |
+
+
+| 148 | essential part of this Licence and a condition for the grant of any
+ |
+
+
+| 149 | rights granted under this Licence. The Licensee warrants that it does
+ |
+
+
+| 150 | not act in a consumer capacity.
+ |
+
+
+| 151 |
+ |
+
+
+| 152 | 5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability
+ |
+
+
+| 153 | for direct, indirect, special, incidental, consequential, exemplary,
+ |
+
+
+| 154 | punitive or other damages of any character including, without
+ |
+
+
+| 155 | limitation, procurement of substitute goods or services, loss of use,
+ |
+
+
+| 156 | data or profits, or business interruption, however caused and on any
+ |
+
+
+| 157 | theory of contract, warranty, tort (including negligence), product
+ |
+
+
+| 158 | liability or otherwise, arising in any way in relation to the
+ |
+
+
+| 159 | Documentation, modified Documentation and/or the use, manufacture or
+ |
+
+
+| 160 | distribution of a Product, even if advised of the possibility of such
+ |
+
+
+| 161 | damages, and the Licensee shall hold the Licensor(s) free and harmless
+ |
+
+
+| 162 | from any liability, costs, damages, fees and expenses, including
+ |
+
+
+| 163 | claims by third parties, in relation to such use.
+ |
+
+
+| 164 |
+ |
+
+
+| 165 | 6. General
+ |
+
+
+| 166 |
+ |
+
+
+| 167 | 6.1. Except for the rights explicitly granted hereunder, this Licence
+ |
+
+
+| 168 | does not imply or represent any transfer or assignment of intellectual
+ |
+
+
+| 169 | property rights to the Licensee.
+ |
+
+
+| 170 |
+ |
+
+
+| 171 | 6.2. The Licensee shall not use or make reference to any of the names
+ |
+
+
+| 172 | (including acronyms and abbreviations), images, or logos under which
+ |
+
+
+| 173 | the Licensor is known, save in so far as required to comply with
+ |
+
+
+| 174 | section 3. Any such permitted use or reference shall be factual and
+ |
+
+
+| 175 | shall in no event suggest any kind of endorsement by the Licensor or
+ |
+
+
+| 176 | its personnel of the modified Documentation or any Product, or any
+ |
+
+
+| 177 | kind of implication by the Licensor or its personnel in the
+ |
+
+
+| 178 | preparation of the modified Documentation or Product.
+ |
+
+
+| 179 |
+ |
+
+
+| 180 | 6.3. CERN may publish updated versions of this Licence which retain
+ |
+
+
+| 181 | the same general provisions as this version, but differ in detail so
+ |
+
+
+| 182 | far this is required and reasonable. New versions will be published
+ |
+
+
+| 183 | with a unique version number.
+ |
+
+
+| 184 |
+ |
+
+
+| 185 | 6.4. This Licence shall terminate with immediate effect, upon written
+ |
+
+
+| 186 | notice and without involvement of a court if the Licensee fails to
+ |
+
+
+| 187 | comply with any of its terms and conditions, or if the Licensee
+ |
+
+
+| 188 | initiates legal action against Licensor in relation to this
+ |
+
+
+| 189 | Licence. Section 5 shall continue to apply.
+ |
+
+
+
+