forkjo/options/license/TAPR-OHL-1.0

The TAPR Open Hardware License Version 1.0 (May 25, 2007) Copyright 2007 TAPR
- http://www.tapr.org/OHL

PREAMBLE

Open Hardware is a thing - a physical artifact, either electrical or mechanical
- whose design information is available to, and usable by, the public in a
way that allows anyone to make, modify, distribute, and use that thing. In
this preface, design information is called "documentation" and things created
from it are called "products."

The TAPR Open Hardware License ("OHL") agreement provides a legal framework
for Open Hardware projects. It may be used for any kind of product, be it
a hammer or a computer motherboard, and is TAPR's contribution to the community;
anyone may use the OHL for their Open Hardware project.

Like the GNU General Public License, the OHL is designed to guarantee your
freedom to share and to create. It forbids anyone who receives rights under
the OHL to deny any other licensee those same rights to copy, modify, and
distribute documentation, and to make, use and distribute products based on
that documentation.

Unlike the GPL, the OHL is not primarily a copyright license. While copyright
protects documentation from unauthorized copying, modification, and distribution,
it has little to do with your right to make, distribute, or use a product
based on that documentation. For better or worse, patents play a significant
role in those activities. Although it does not prohibit anyone from patenting
inventions embodied in an Open Hardware design, and of course cannot prevent
a third party from enforcing their patent rights, those who benefit from an
OHL design may not bring lawsuits claiming that design infringes their patents
or other intellectual property.

The OHL addresses unique issues involved in the creation of tangible, physical
things, but does not cover software, firmware, or code loaded into programmable
devices. A copyright-oriented license such as the GPL better suits these creations.

How can you use the OHL, or a design based upon it? While the terms and conditions
below take precedence over this preamble, here is a summary:

   * You may modify the documentation and make products based upon it.

   * You may use products for any legal purpose without limitation.

* You may distribute unmodified documentation, but you must include the complete
package as you received it.

* You may distribute products you make to third parties, if you either include
the documentation on which the product is based, or make it available without
charge for at least three years to anyone who requests it.

   * You may distribute modified documentation or products based on it, if you:

      * License your modifications under the OHL.

      * Include those modifications, following the requirements stated below.

* Attempt to send the modified documentation by email to any of the developers
who have provided their email address. This is a good faith obligation - if
the email fails, you need do nothing more and may go on with your distribution.

   * If you create a design that you want to license under the OHL, you should:

* Include this document in a file named LICENSE (with the appropriate extension)
that is included in the documentation package.

* If the file format allows, include a notice like "Licensed under the TAPR
Open Hardware License (www.tapr.org/OHL)" in each documentation file. While
not required, you should also include this notice on printed circuit board
artwork and the product itself; if space is limited the notice can be shortened
or abbreviated.

* Include a copyright notice in each file and on printed circuit board artwork.

* If you wish to be notified of modifications that others may make, include
your email address in a file named "CONTRIB.TXT" or something similar.

* Any time the OHL requires you to make documentation available to others,
you must include all the materials you received from the upstream licensors.
In addition, if you have modified the documentation:

* You must identify the modifications in a text file (preferably named "CHANGES.TXT")
that you include with the documentation. That file must also include a statement
like "These modifications are licensed under the TAPR Open Hardware License."

* You must include any new files you created, including any manufacturing
files (such as Gerber files) you create in the course of making products.

* You must include both "before" and "after" versions of all files you modified.

* You may include files in proprietary formats, but you must also include
open format versions (such as Gerber, ASCII, Postscript, or PDF) if your tools
can create them.

TERMS AND CONDITIONS

1. Introduction

1.1 This Agreement governs how you may use, copy, modify, and distribute Documentation,
and how you may make, have made, and distribute Products based on that Documentation.
As used in this Agreement, to "distribute" Documentation means to directly
or indirectly make copies available to a third party, and to "distribute"
Products means to directly or indirectly give, loan, sell or otherwise transfer
them to a third party.

   1.2 "Documentation" includes:

      (a) schematic diagrams;

(b) circuit or circuit board layouts, including Gerber and other data files
used for manufacture;

(c) mechanical drawings, including CAD, CAM, and other data files used for
manufacture;

      (d) flow charts and descriptive text; and

      (e) other explanatory material.

Documentation may be in any tangible or intangible form of expression, including
but not limited to computer files in open or proprietary formats and representations
on paper, film, or other media.

   1.3 "Products" include:

(a) circuit boards, mechanical assemblies, and other physical parts and components;

(b) assembled or partially assembled units (including components and subassemblies);
and

(c) parts and components combined into kits intended for assembly by others;
which are based in whole or in part on the Documentation.

1.4 This Agreement applies to any Documentation which contains a notice stating
it is subject to the TAPR Open Hardware License, and to all Products based
in whole or in part on that Documentation. If Documentation is distributed
in an archive (such as a "zip" file) which includes this document, all files
in that archive are subject to this Agreement unless they are specifically
excluded. Each person who contributes content to the Documentation is referred
to in this Agreement as a "Licensor."

1.5 By (a) using, copying, modifying, or distributing the Documentation, or
(b) making or having Products made or distributing them, you accept this Agreement,
agree to comply with its terms, and become a "Licensee." Any activity inconsistent
with this Agreement will automatically terminate your rights under it (including
the immunities from suit granted in Section 2), but the rights of others who
have received Documentation, or have obtained Products, directly or indirectly
from you will not be affected so long as they fully comply with it themselves.

1.6 This Agreement does not apply to software, firmware, or code loaded into
programmable devices which may be used in conjunction with Documentation or
Products. Such software is subject to the license terms established by its
copyright holder(s).

2. Patents

2.1 Each Licensor grants you, every other Licensee, and every possessor or
user of Products a perpetual, worldwide, and royalty-free immunity from suit
under any patent, patent application, or other intellectual property right
which he or she controls, to the extent necessary to make, have made, possess,
use, and distribute Products. This immunity does not extend to infringement
arising from modifications subsequently made by others.

2.2 If you make or have Products made, or distribute Documentation that you
have modified, you grant every Licensor, every other Licensee, and every possessor
or user of Products a perpetual, worldwide, and royalty-free immunity from
suit under any patent, patent application, or other intellectual property
right which you control, to the extent necessary to make, have made, possess,
use, and distribute Products. This immunity does not extend to infringement
arising from modifications subsequently made by others.

2.3 To avoid doubt, providing Documentation to a third party for the sole
purpose of having that party make Products on your behalf is not considered
"distribution,"\" and a third party's act of making Products solely on your
behalf does not cause that party to grant the immunity described in the preceding
paragraph.

2.4 These grants of immunity are a material part of this Agreement, and form
a portion of the consideration given by each party to the other. If any court
judgment or legal agreement prevents you from granting the immunity required
by this Section, your rights under this Agreement will terminate and you may
no longer use, copy, modify or distribute the Documentation, or make, have
made, or distribute Products.

3. Modifications

You may modify the Documentation, and those modifications will become part
of the Documentation. They are subject to this Agreement, as are Products
based in whole or in part on them. If you distribute the modified Documentation,
or Products based in whole or in part upon it, you must email the modified
Documentation in a form compliant with Section 4 to each Licensor who has
provided an email address with the Documentation. Attempting to send the email
completes your obligations under this Section and you need take no further
action if any address fails.

4. Distributing Documentation

4.1 You may distribute unmodified copies of the Documentation in its entirety
in any medium, provided that you retain all copyright and other notices (including
references to this Agreement) included by each Licensor, and include an unaltered
copy of this Agreement.

4.2 You may distribute modified copies of the Documentation if you comply
with all the requirements of the preceding paragraph and:

(a) include a prominent notice in an ASCII or other open format file identifying
those elements of the Documentation that you changed, and stating that the
modifications are licensed under the terms of this Agreement;

(b) include all new documentation files that you create, as well as both the
original and modified versions of each file you change (files may be in your
development tool's native file format, but if reasonably possible, you must
also include open format, such as Gerber, ASCII, Postscript, or PDF, versions);

(c) do not change the terms of this Agreement with respect to subsequent licensees;
and

(d) if you make or have Products made, include in the Documentation all elements
reasonably required to permit others to make Products, including Gerber, CAD/CAM
and other files used for manufacture.

5. Making Products

5.1 You may use the Documentation to make or have Products made, provided
that each Product retains any notices included by the Licensor (including,
but not limited to, copyright notices on circuit boards).

5.2 You may distribute Products you make or have made, provided that you include
with each unit a copy of the Documentation in a form consistent with Section
4. Alternatively, you may include either (i) an offer valid for at least three
years to provide that Documentation, at no charge other than the reasonable
cost of media and postage, to any person who requests it; or (ii) a URL where
that Documentation may be downloaded, available for at least three years after
you last distribute the Product.

6. NEW LICENSE VERSIONS

TAPR may publish updated versions of the OHL which retain the same general
provisions as the present version, but differ in detail to address new problems
or concerns, and carry a distinguishing version number. If the Documentation
specifies a version number which applies to it and "any later version", you
may choose either that version or any later version published by TAPR. If
the Documentation does not specify a version number, you may choose any version
ever published by TAPR. TAPR owns the copyright to the OHL, but grants permission
to any person to copy, distribute, and use it in unmodified form.

7. WARRANTY AND LIABILITY LIMITATIONS

7.1 THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT WARRANTY OF ANY
KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.

7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE DOCUMENTATION OR PRODUCTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF
INTELLECTUAL PROPERTY INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 You agree that the foregoing limitations are reasonable due to the non-financial
nature of the transaction represented by this Agreement, and acknowledge that
were it not for these limitations, the Licensor(s) would not be willing to
make the Documentation available to you.

7.4 You agree to defend, indemnify, and hold each Licensor harmless from any
claim brought by a third party alleging any defect in the design, manufacture,
or operation of any Product which you make, have made, or distribute pursuant
to this Agreement.

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