181 lines
9 KiB
Groff
181 lines
9 KiB
Groff
CERN OHL v1.2
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2013-09-06 - CERN, Geneva, Switzerland
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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
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to provide a tool to foster collaboration and sharing among hardware designers.
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The CERN OHL is copyright CERN. Anyone is welcome to use the CERN OHL, in
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unmodified form only, for the distribution of their own Open Hardware designs.
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Any other right is reserved. Release of hardware designs under the CERN OHL
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does not constitute an endorsement of the licensor or its designs nor does
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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
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layouts, mechanical drawings, flow charts and descriptive text, and other
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explanatory material that is explicitly stated as being made available under
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the conditions of this Licence. The Documentation may be in any medium, including
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but not limited to computer files and representations on paper, film, or any
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other media.
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"Documentation Location" means a location where the Licensor has placed Documentation,
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and which he believes will be publicly accessible for at least three years
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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
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Documentation or the modified Documentation.
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"Licensee" means any natural or legal person exercising rights under this
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Licence.
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"Licensor" means any natural or legal person that creates or modifies Documentation
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and subsequently communicates to the public and/ or distributes the resulting
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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
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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
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the public and distribution of the Documentation, and the manufacture and
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distribution of Products. By exercising any right granted under this Licence,
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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
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shall apply worldwide and without limitation in time. The Licensee may assign
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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
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programmable devices which may be used in conjunction with the Documentation,
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the modified Documentation or with Products, unless such software, firmware,
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or code is explicitly expressed to be subject to this Licence. The use of
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such software, firmware, or code is otherwise subject to the applicable licence
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terms and conditions.
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3. Copying, modification, communication to the public and distribution of
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the Documentation
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3.1. The Licensee shall keep intact all copyright and trademarks notices,
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all notices referring to Documentation Location, and all notices that refer
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to this Licence and to the disclaimer of warranties that are included in the
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Documentation. He shall include a copy thereof in every copy of the Documentation
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or, as the case may be, modified Documentation, that he communicates to the
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public or distributes.
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3.2. The Licensee may copy, communicate to the public and distribute verbatim
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copies of the Documentation, in any medium, subject to the requirements specified
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in section 3.1.
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3.3. The Licensee may modify the Documentation or any portion thereof provided
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that upon modification of the Documentation, the Licensee shall make the modified
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Documentation available from a Documentation Location such that it can be
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easily located by an original Licensor once the Licensee communicates to the
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public or distributes the modified Documentation under section 3.4, and, where
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required by section 4.1, by a recipient of a Product. However, the Licensor
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shall not assert his rights under the foregoing proviso unless or until a
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Product is distributed.
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3.4. The Licensee may communicate to the public and distribute the modified
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Documentation (thereby in addition to being a Licensee also becoming a Licensor),
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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
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the Licensee has modified the Documentation, with the date and description
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of the modifications;
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c) cause the modified Documentation to carry a new Documentation Location
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notice if the original Documentation provided for one;
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d) make available the modified Documentation at the same level of abstraction
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as that of the Documentation, in the preferred format for making modifications
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to it (e.g. the native format of the CAD tool as applicable), and in the event
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that format is proprietary, in a format viewable with a tool licensed under
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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
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Licence or, where applicable, a later version of this Licence as may be issued
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by CERN.
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3.5. The Licence includes a non-exclusive licence to those patents or registered
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designs that are held by, under the control of, or sub-licensable by the Licensor,
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to the extent necessary to make use of the rights granted under this Licence.
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The scope of this section 3.5 shall be strictly limited to the parts of the
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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,
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where such manufacture or distribution requires a licence under this Licence
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the Licensee provides to each recipient of such Products an easy means of
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accessing a copy of the Documentation or modified Documentation, as applicable,
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as set out in section 3.
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4.2. The Licensee is invited to inform any Licensor who has indicated his
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wish to receive this information about the type, quantity and dates of production
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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
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"as is" and any express or implied warranties, including, but not limited
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to, implied warranties of merchantability, of satisfactory quality, non-infringement
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of third party rights, and fitness for a particular purpose or use are disclaimed
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in respect of the Documentation, the modified Documentation or any Product.
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The Licensor makes no representation that the Documentation, modified Documentation,
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or any Product, does or will not infringe any patent, copyright, trade secret
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or other proprietary right. The entire risk as to the use, quality, and performance
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of a Product shall be with the Licensee and not the Licensor. This disclaimer
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of warranty is an essential part of this Licence and a condition for the grant
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of any rights granted under this Licence. The Licensee warrants that it does
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not act in a consumer capacity.
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5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability for direct,
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indirect, special, incidental, consequential, exemplary, punitive or other
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damages of any character including, without limitation, procurement of substitute
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goods or services, loss of use, data or profits, or business interruption,
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however caused and on any theory of contract, warranty, tort (including negligence),
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product liability or otherwise, arising in any way in relation to the Documentation,
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modified Documentation and/or the use, manufacture or distribution of a Product,
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even if advised of the possibility of such damages, and the Licensee shall
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hold the Licensor(s) free and harmless from any liability, costs, damages,
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fees and expenses, including claims by third parties, in relation to such
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use.
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6. General
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6.1. Except for the rights explicitly granted hereunder, this Licence does
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not imply or represent any transfer or assignment of intellectual property
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rights to the Licensee.
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6.2. The Licensee shall not use or make reference to any of the names (including
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acronyms and abbreviations), images, or logos under which the Licensor is
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known, save in so far as required to comply with section 3. Any such permitted
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use or reference shall be factual and shall in no event suggest any kind of
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endorsement by the Licensor or its personnel of the modified Documentation
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or any Product, or any kind of implication by the Licensor or its personnel
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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
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general provisions as this version, but differ in detail so far this is required
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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
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and without involvement of a court if the Licensee fails to comply with any
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of its terms and conditions, or if the Licensee initiates legal action against
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Licensor in relation to this Licence. Section 5 shall continue to apply.
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