287 lines
14 KiB
Plaintext
287 lines
14 KiB
Plaintext
CERN Open Hardware Licence Version 2 - Weakly Reciprocal
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Preamble
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CERN has developed this licence to promote collaboration among hardware
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designers and to provide a legal tool which supports the freedom to use,
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study, modify, share and distribute hardware designs and products based on
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those designs. Version 2 of the CERN Open Hardware Licence comes in three
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variants: CERN-OHL-P (permissive); and two reciprocal licences: this licence,
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CERN-OHL-W (weakly reciprocal) and CERN-OHL-S (strongly reciprocal).
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The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in
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unmodified form only.
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Use of this Licence does not imply any endorsement by CERN of any Licensor or
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their designs nor does it imply any involvement by CERN in their development.
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1 Definitions
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1.1 'Licence' means this CERN-OHL-W.
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1.2 'Compatible Licence' means
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a) any earlier version of the CERN Open Hardware licence, or
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b) any version of the CERN-OHL-S or the CERN-OHL-W, or
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c) any licence which permits You to treat the Source to which it
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applies as licensed under CERN-OHL-S or CERN-OHL-W provided that on
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Conveyance of any such Source, or any associated Product You treat
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the Source in question as being licensed under CERN-OHL-S or
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CERN-OHL-W as appropriate.
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1.3 'Source' means information such as design materials or digital code
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which can be applied to Make or test a Product or to prepare a Product
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for use, Conveyance or sale, regardless of its medium or how it is
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expressed. It may include Notices.
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1.4 'Covered Source' means Source that is explicitly made available under
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this Licence.
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1.5 'Product' means any device, component, work or physical object, whether
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in finished or intermediate form, arising from the use, application or
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processing of Covered Source.
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1.6 'Make' means to create or configure something, whether by manufacture,
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assembly, compiling, loading or applying Covered Source or another
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Product or otherwise.
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1.7 'Available Component' means any part, sub-assembly, library or code
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which:
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a) is licensed to You as Complete Source under a Compatible Licence; or
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b) is available, at the time a Product or the Source containing it is
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first Conveyed, to You and any other prospective licensees
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i) with sufficient rights and information (including any
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configuration and programming files and information about its
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characteristics and interfaces) to enable it either to be Made
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itself, or to be sourced and used to Make the Product; or
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ii) as part of the normal distribution of a tool used to design or
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Make the Product.
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1.8 'External Material' means anything (including Source) which:
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a) is only combined with Covered Source in such a way that it
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interfaces with the Covered Source using a documented interface
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which is described in the Covered Source; and
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b) is not a derivative of or contains Covered Source, or, if it is, it
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is solely to the extent necessary to facilitate such interfacing.
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1.9 'Complete Source' means the set of all Source necessary to Make a
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Product, in the preferred form for making modifications, including
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necessary installation and interfacing information both for the Product,
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and for any included Available Components. If the format is
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proprietary, it must also be made available in a format (if the
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proprietary tool can create it) which is viewable with a tool available
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to potential licensees and licensed under a licence approved by the Free
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Software Foundation or the Open Source Initiative. Complete Source need
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not include the Source of any Available Component, provided that You
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include in the Complete Source sufficient information to enable a
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recipient to Make or source and use the Available Component to Make the
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Product.
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1.10 'Source Location' means a location where a Licensor has placed Covered
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Source, and which that Licensor reasonably believes will remain easily
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accessible for at least three years for anyone to obtain a digital copy.
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1.11 'Notice' means copyright, acknowledgement and trademark notices, Source
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Location references, modification notices (subsection 3.3(b)) and all
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notices that refer to this Licence and to the disclaimer of warranties
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that are included in the Covered Source.
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1.12 'Licensee' or 'You' means any person exercising rights under this
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Licence.
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1.13 'Licensor' means a natural or legal person who creates or modifies
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Covered Source. A person may be a Licensee and a Licensor at the same
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time.
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1.14 'Convey' means to communicate to the public or distribute.
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2 Applicability
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2.1 This Licence governs the use, copying, modification, Conveying of
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Covered Source and Products, and the Making of Products. By exercising
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any right granted under this Licence, You irrevocably accept these terms
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and conditions.
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2.2 This Licence is granted by the Licensor directly to You, and shall apply
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worldwide and without limitation in time.
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2.3 You shall not attempt to restrict by contract or otherwise the rights
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granted under this Licence to other Licensees.
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2.4 This Licence is not intended to restrict fair use, fair dealing, or any
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other similar right.
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3 Copying, Modifying and Conveying Covered Source
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3.1 You may copy and Convey verbatim copies of Covered Source, in any
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medium, provided You retain all Notices.
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3.2 You may modify Covered Source, other than Notices, provided that You
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irrevocably undertake to make that modified Covered Source available
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from a Source Location should You Convey a Product in circumstances
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where the recipient does not otherwise receive a copy of the modified
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Covered Source. In each case subsection 3.3 shall apply.
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You may only delete Notices if they are no longer applicable to the
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corresponding Covered Source as modified by You and You may add
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additional Notices applicable to Your modifications.
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3.3 You may Convey modified Covered Source (with the effect that You shall
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also become a Licensor) provided that You:
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a) retain Notices as required in subsection 3.2;
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b) add a Notice to the modified Covered Source stating that You have
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modified it, with the date and brief description of how You have
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modified it;
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c) add a Source Location Notice for the modified Covered Source if You
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Convey in circumstances where the recipient does not otherwise
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receive a copy of the modified Covered Source; and
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d) license the modified Covered Source under the terms and conditions
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of this Licence (or, as set out in subsection 8.3, a later version,
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if permitted by the licence of the original Covered Source). Such
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modified Covered Source must be licensed as a whole, but excluding
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Available Components contained in it or External Material to which
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it is interfaced, which remain licensed under their own applicable
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licences.
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4 Making and Conveying Products
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4.1 You may Make Products, and/or Convey them, provided that You either
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provide each recipient with a copy of the Complete Source or ensure that
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each recipient is notified of the Source Location of the Complete
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Source. That Complete Source includes Covered Source and You must
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accordingly satisfy Your obligations set out in subsection 3.3. If
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specified in a Notice, the Product must visibly and securely display the
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Source Location on it or its packaging or documentation in the manner
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specified in that Notice.
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4.2 Where You Convey a Product which incorporates External Material, the
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Complete Source for that Product which You are required to provide under
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subsection 4.1 need not include any Source for the External Material.
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4.3 You may license Products under terms of Your choice, provided that such
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terms do not restrict or attempt to restrict any recipients' rights
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under this Licence to the Covered Source.
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5 Research and Development
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You may Convey Covered Source, modified Covered Source or Products to a legal
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entity carrying out development, testing or quality assurance work on Your
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behalf provided that the work is performed on terms which prevent the entity
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from both using the Source or Products for its own internal purposes and
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Conveying the Source or Products or any modifications to them to any person
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other than You. Any modifications made by the entity shall be deemed to be
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made by You pursuant to subsection 3.2.
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6 DISCLAIMER AND LIABILITY
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6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are
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provided 'as is' and any express or implied warranties, including, but
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not limited to, implied warranties of merchantability, of satisfactory
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quality, non-infringement of third party rights, and fitness for a
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particular purpose or use are disclaimed in respect of any Source or
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Product to the maximum extent permitted by law. The Licensor makes no
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representation that any Source or Product does not or will not infringe
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any patent, copyright, trade secret or other proprietary right. The
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entire risk as to the use, quality, and performance of any Source or
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Product shall be with You and not the Licensor. This disclaimer of
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warranty is an essential part of this Licence and a condition for the
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grant of any rights granted under this Licence.
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6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the
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maximum extent permitted by law, have no liability for direct, indirect,
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special, incidental, consequential, exemplary, punitive or other damages
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of any character including, without limitation, procurement of
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substitute goods or services, loss of use, data or profits, or business
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interruption, however caused and on any theory of contract, warranty,
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tort (including negligence), product liability or otherwise, arising in
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any way in relation to the Covered Source, modified Covered Source
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and/or the Making or Conveyance of a Product, even if advised of the
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possibility of such damages, and You shall hold the Licensor(s) free and
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harmless from any liability, costs, damages, fees and expenses,
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including claims by third parties, in relation to such use.
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7 Patents
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7.1 Subject to the terms and conditions of this Licence, each Licensor
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hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
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royalty-free, irrevocable (except as stated in subsections 7.2 and 8.4)
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patent licence to Make, have Made, use, offer to sell, sell, import, and
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otherwise transfer the Covered Source and Products, where such licence
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applies only to those patent claims licensable by such Licensor that are
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necessarily infringed by exercising rights under the Covered Source as
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Conveyed by that Licensor.
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7.2 If You institute patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Covered
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Source or a Product constitutes direct or contributory patent
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infringement, or You seek any declaration that a patent licensed to You
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under this Licence is invalid or unenforceable then any rights granted
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to You under this Licence shall terminate as of the date such process is
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initiated.
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8 General
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8.1 If any provisions of this Licence are or subsequently become invalid or
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unenforceable for any reason, the remaining provisions shall remain
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effective.
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8.2 You shall not use any of the name (including acronyms and
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abbreviations), image, or logo by which the Licensor or CERN is known,
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except where needed to comply with section 3, or where the use is
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otherwise allowed by law. Any such permitted use shall be factual and
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shall not be made so as to suggest any kind of endorsement or
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implication of involvement by the Licensor or its personnel.
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8.3 CERN may publish updated versions and variants of this Licence which it
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considers to be in the spirit of this version, but may differ in detail
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to address new problems or concerns. New versions will be published with
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a unique version number and a variant identifier specifying the variant.
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If the Licensor has specified that a given variant applies to the
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Covered Source without specifying a version, You may treat that Covered
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Source as being released under any version of the CERN-OHL with that
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variant. If no variant is specified, the Covered Source shall be treated
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as being released under CERN-OHL-S. The Licensor may also specify that
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the Covered Source is subject to a specific version of the CERN-OHL or
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any later version in which case You may apply this or any later version
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of CERN-OHL with the same variant identifier published by CERN.
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You may treat Covered Source licensed under CERN-OHL-W as licensed under
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CERN-OHL-S if and only if all Available Components referenced in the
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Covered Source comply with the corresponding definition of Available
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Component for CERN-OHL-S.
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8.4 This Licence shall terminate with immediate effect if You fail to comply
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with any of its terms and conditions.
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8.5 However, if You cease all breaches of this Licence, then Your Licence
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from any Licensor is reinstated unless such Licensor has terminated this
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Licence by giving You, while You remain in breach, a notice specifying
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the breach and requiring You to cure it within 30 days, and You have
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failed to come into compliance in all material respects by the end of
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the 30 day period. Should You repeat the breach after receipt of a cure
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notice and subsequent reinstatement, this Licence will terminate
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immediately and permanently. Section 6 shall continue to apply after any
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termination.
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8.6 This Licence shall not be enforceable except by a Licensor acting as
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such, and third party beneficiary rights are specifically excluded. |