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  1. CERN Open Hardware Licence v1.2
  2. Copyright (c) 2017 Dirk Grappendorf,
  3. Preamble
  4. Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN
  5. wishes to provide a tool to foster collaboration and sharing among
  6. hardware designers. The CERN OHL is copyright CERN. Anyone is welcome
  7. to use the CERN OHL, in unmodified form only, for the distribution of
  8. their own Open Hardware designs. Any other right is reserved. Release
  9. of hardware designs under the CERN OHL does not constitute an
  10. endorsement of the licensor or its designs nor does it imply any
  11. involvement by CERN in the development of such designs.
  12. 1. Definitions
  13. In this Licence, the following terms have the following meanings:
  14. “Licence” means this CERN OHL.
  15. “Documentation” means schematic diagrams, designs, circuit or circuit
  16. board layouts, mechanical drawings, flow charts and descriptive text,
  17. and other explanatory material that is explicitly stated as being made
  18. available under the conditions of this Licence. The Documentation may
  19. be in any medium, including but not limited to computer files and
  20. representations on paper, film, or any other media.
  21. “Documentation Location” means a location where the Licensor has
  22. placed Documentation, and which he believes will be publicly
  23. accessible for at least three years from the first communication to
  24. the public or distribution of Documentation.
  25. “Product” means either an entire, or any part of a, device built using
  26. the Documentation or the modified Documentation.
  27. “Licensee” means any natural or legal person exercising rights under
  28. this Licence.
  29. “Licensor” means any natural or legal person that creates or modifies
  30. Documentation and subsequently communicates to the public and/ or
  31. distributes the resulting Documentation under the terms and conditions
  32. of this Licence.
  33. A Licensee may at the same time be a Licensor, and vice versa.
  34. Use of the masculine gender includes the feminine and neuter genders
  35. and is employed solely to facilitate reading.
  36. 2. Applicability
  37. 2.1. This Licence governs the use, copying, modification,
  38. communication to the public and distribution of the Documentation, and
  39. the manufacture and distribution of Products. By exercising any right
  40. granted under this Licence, the Licensee irrevocably accepts these
  41. terms and conditions.
  42. 2.2. This Licence is granted by the Licensor directly to the Licensee,
  43. and shall apply worldwide and without limitation in time. The Licensee
  44. may assign his licence rights or grant sub-licences.
  45. 2.3. This Licence does not extend to software, firmware, or code
  46. loaded into programmable devices which may be used in conjunction with
  47. the Documentation, the modified Documentation or with Products, unless
  48. such software, firmware, or code is explicitly expressed to be subject
  49. to this Licence. The use of such software, firmware, or code is
  50. otherwise subject to the applicable licence terms and conditions.
  51. 3. Copying, modification, communication to the public and distribution
  52. of the Documentation
  53. 3.1. The Licensee shall keep intact all copyright and trademarks
  54. notices, all notices referring to Documentation Location, and all
  55. notices that refer to this Licence and to the disclaimer of warranties
  56. that are included in the Documentation. He shall include a copy
  57. thereof in every copy of the Documentation or, as the case may be,
  58. modified Documentation, that he communicates to the public or
  59. distributes.
  60. 3.2. The Licensee may copy, communicate to the public and distribute
  61. verbatim copies of the Documentation, in any medium, subject to the
  62. requirements specified in section 3.1.
  63. 3.3. The Licensee may modify the Documentation or any portion thereof
  64. provided that upon modification of the Documentation, the Licensee
  65. shall make the modified Documentation available from a Documentation
  66. Location such that it can be easily located by an original Licensor
  67. once the Licensee communicates to the public or distributes the
  68. modified Documentation under section 3.4, and, where required by
  69. section 4.1, by a recipient of a Product. However, the Licensor shall
  70. not assert his rights under the foregoing proviso unless or until a
  71. Product is distributed.
  72. 3.4. The Licensee may communicate to the public and distribute the
  73. modified Documentation (thereby in addition to being a Licensee also
  74. becoming a Licensor), always provided that he shall:
  75. a) comply with section 3.1;
  76. b) cause the modified Documentation to carry prominent notices stating
  77. that the Licensee has modified the Documentation, with the date and
  78. description of the modifications;
  79. c) cause the modified Documentation to carry a new Documentation
  80. Location notice if the original Documentation provided for one;
  81. d) make available the modified Documentation at the same level of
  82. abstraction as that of the Documentation, in the preferred format for
  83. making modifications to it (e.g. the native format of the CAD tool as
  84. applicable), and in the event that format is proprietary, in a format
  85. viewable with a tool licensed under an OSI-approved license if the
  86. proprietary tool can create it; and
  87. e) license the modified Documentation under the terms and conditions
  88. of this Licence or, where applicable, a later version of this Licence
  89. as may be issued by CERN.
  90. 3.5. The Licence includes a non-exclusive licence to those patents or
  91. registered designs that are held by, under the control of, or
  92. sub-licensable by the Licensor, to the extent necessary to make use of
  93. the rights granted under this Licence. The scope of this section 3.5
  94. shall be strictly limited to the parts of the Documentation or
  95. modified Documentation created by the Licensor.
  96. 4. Manufacture and distribution of Products
  97. 4.1. The Licensee may manufacture or distribute Products always
  98. provided that, where such manufacture or distribution requires a
  99. licence under this Licence the Licensee provides to each recipient of
  100. such Products an easy means of accessing a copy of the Documentation
  101. or modified Documentation, as applicable, as set out in section 3.
  102. 4.2. The Licensee is invited to inform any Licensor who has indicated
  103. his wish to receive this information about the type, quantity and
  104. dates of production of Products the Licensee has (had) manufactured
  105. 5. Warranty and liability
  106. 5.1. DISCLAIMER – The Documentation and any modified Documentation are
  107. provided "as is" and any express or implied warranties, including, but
  108. not limited to, implied warranties of merchantability, of satisfactory
  109. quality, non-infringement of third party rights, and fitness for a
  110. particular purpose or use are disclaimed in respect of the
  111. Documentation, the modified Documentation or any Product. The Licensor
  112. makes no representation that the Documentation, modified
  113. Documentation, or any Product, does or will not infringe any patent,
  114. copyright, trade secret or other proprietary right. The entire risk as
  115. to the use, quality, and performance of a Product shall be with the
  116. Licensee and not the Licensor. This disclaimer of warranty is an
  117. essential part of this Licence and a condition for the grant of any
  118. rights granted under this Licence. The Licensee warrants that it does
  119. not act in a consumer capacity.
  120. 5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability
  121. for direct, indirect, special, incidental, consequential, exemplary,
  122. punitive or other damages of any character including, without
  123. limitation, procurement of substitute goods or services, loss of use,
  124. data or profits, or business interruption, however caused and on any
  125. theory of contract, warranty, tort (including negligence), product
  126. liability or otherwise, arising in any way in relation to the
  127. Documentation, modified Documentation and/or the use, manufacture or
  128. distribution of a Product, even if advised of the possibility of such
  129. damages, and the Licensee shall hold the Licensor(s) free and harmless
  130. from any liability, costs, damages, fees and expenses, including
  131. claims by third parties, in relation to such use.
  132. 6. General
  133. 6.1. Except for the rights explicitly granted hereunder, this Licence
  134. does not imply or represent any transfer or assignment of intellectual
  135. property rights to the Licensee.
  136. 6.2. The Licensee shall not use or make reference to any of the names
  137. (including acronyms and abbreviations), images, or logos under which
  138. the Licensor is known, save in so far as required to comply with
  139. section 3. Any such permitted use or reference shall be factual and
  140. shall in no event suggest any kind of endorsement by the Licensor or
  141. its personnel of the modified Documentation or any Product, or any
  142. kind of implication by the Licensor or its personnel in the
  143. preparation of the modified Documentation or Product.
  144. 6.3. CERN may publish updated versions of this Licence which retain
  145. the same general provisions as this version, but differ in detail so
  146. far this is required and reasonable. New versions will be published
  147. with a unique version number.
  148. 6.4. This Licence shall terminate with immediate effect, upon written
  149. notice and without involvement of a court if the Licensee fails to
  150. comply with any of its terms and conditions, or if the Licensee
  151. initiates legal action against Licensor in relation to this
  152. Licence. Section 5 shall continue to apply.