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- CERN Open Hardware Licence Version 2 - Permissive
- Preamble
- CERN has developed this licence to promote collaboration among
- hardware designers and to provide a legal tool which supports the
- freedom to use, study, modify, share and distribute hardware designs
- and products based on those designs. Version 2 of the CERN Open
- Hardware Licence comes in three variants: this licence, CERN-OHL-P
- (permissive); and two reciprocal licences: CERN-OHL-W (weakly
- reciprocal) and CERN-OHL-S (strongly reciprocal).
- The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in
- unmodified form only.
- Use of this Licence does not imply any endorsement by CERN of any
- Licensor or their designs nor does it imply any involvement by CERN in
- their development.
- 1 Definitions
- 1.1 'Licence' means this CERN-OHL-P.
- 1.2 'Source' means information such as design materials or digital
- code which can be applied to Make or test a Product or to
- prepare a Product for use, Conveyance or sale, regardless of its
- medium or how it is expressed. It may include Notices.
- 1.3 'Covered Source' means Source that is explicitly made available
- under this Licence.
- 1.4 'Product' means any device, component, work or physical object,
- whether in finished or intermediate form, arising from the use,
- application or processing of Covered Source.
- 1.5 'Make' means to create or configure something, whether by
- manufacture, assembly, compiling, loading or applying Covered
- Source or another Product or otherwise.
- 1.6 'Notice' means copyright, acknowledgement and trademark notices,
- references to the location of any Notices, modification notices
- (subsection 3.3(b)) and all notices that refer to this Licence
- and to the disclaimer of warranties that are included in the
- Covered Source.
- 1.7 'Licensee' or 'You' means any person exercising rights under
- this Licence.
- 1.8 'Licensor' means a person who creates Source or modifies Covered
- Source and subsequently Conveys the resulting Covered Source
- under the terms and conditions of this Licence. A person may be
- a Licensee and a Licensor at the same time.
- 1.9 'Convey' means to communicate to the public or distribute.
- 2 Applicability
- 2.1 This Licence governs the use, copying, modification, Conveying
- of Covered Source and Products, and the Making of Products. By
- exercising any right granted under this Licence, You irrevocably
- accept these terms and conditions.
- 2.2 This Licence is granted by the Licensor directly to You, and
- shall apply worldwide and without limitation in time.
- 2.3 You shall not attempt to restrict by contract or otherwise the
- rights granted under this Licence to other Licensees.
- 2.4 This Licence is not intended to restrict fair use, fair dealing,
- or any other similar right.
- 3 Copying, Modifying and Conveying Covered Source
- 3.1 You may copy and Convey verbatim copies of Covered Source, in
- any medium, provided You retain all Notices.
- 3.2 You may modify Covered Source, other than Notices.
- You may only delete Notices if they are no longer applicable to
- the corresponding Covered Source as modified by You and You may
- add additional Notices applicable to Your modifications.
- 3.3 You may Convey modified Covered Source (with the effect that You
- shall also become a Licensor) provided that You:
- a) retain Notices as required in subsection 3.2; and
- b) add a Notice to the modified Covered Source stating that You
- have modified it, with the date and brief description of how
- You have modified it.
- 3.4 You may Convey Covered Source or modified Covered Source under
- licence terms which differ from the terms of this Licence
- provided that:
- a) You comply at all times with subsection 3.3; and
- b) You provide a copy of this Licence to anyone to whom You
- Convey Covered Source or modified Covered Source.
- 4 Making and Conveying Products
- You may Make Products, and/or Convey them, provided that You ensure
- that the recipient of the Product has access to any Notices applicable
- to the Product.
- 5 DISCLAIMER AND LIABILITY
- 5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
- are provided 'as is' and any express or implied warranties,
- including, but not limited to, implied warranties of
- merchantability, of satisfactory quality, non-infringement of
- third party rights, and fitness for a particular purpose or use
- are disclaimed in respect of any Source or Product to the
- maximum extent permitted by law. The Licensor makes no
- representation that any Source or Product does not or will not
- infringe any patent, copyright, trade secret or other
- proprietary right. The entire risk as to the use, quality, and
- performance of any Source or Product shall be with You and not
- the Licensor. This disclaimer of warranty is an essential part
- of this Licence and a condition for the grant of any rights
- granted under this Licence.
- 5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
- the maximum extent permitted by law, have no liability for
- direct, indirect, special, incidental, consequential, exemplary,
- punitive or other damages of any character including, without
- limitation, procurement of substitute goods or services, loss of
- use, data or profits, or business interruption, however caused
- and on any theory of contract, warranty, tort (including
- negligence), product liability or otherwise, arising in any way
- in relation to the Covered Source, modified Covered Source
- and/or the Making or Conveyance of a Product, even if advised of
- the possibility of such damages, and You shall hold the
- Licensor(s) free and harmless from any liability, costs,
- damages, fees and expenses, including claims by third parties,
- in relation to such use.
- 6 Patents
- 6.1 Subject to the terms and conditions of this Licence, each
- Licensor hereby grants to You a perpetual, worldwide,
- non-exclusive, no-charge, royalty-free, irrevocable (except as
- stated in this section 6, or where terminated by the Licensor
- for cause) patent license to Make, have Made, use, offer to
- sell, sell, import, and otherwise transfer the Covered Source
- and Products, where such licence applies only to those patent
- claims licensable by such Licensor that are necessarily
- infringed by exercising rights under the Covered Source as
- Conveyed by that Licensor.
- 6.2 If You institute patent litigation against any entity (including
- a cross-claim or counterclaim in a lawsuit) alleging that the
- Covered Source or a Product constitutes direct or contributory
- patent infringement, or You seek any declaration that a patent
- licensed to You under this Licence is invalid or unenforceable
- then any rights granted to You under this Licence shall
- terminate as of the date such process is initiated.
- 7 General
- 7.1 If any provisions of this Licence are or subsequently become
- invalid or unenforceable for any reason, the remaining
- provisions shall remain effective.
- 7.2 You shall not use any of the name (including acronyms and
- abbreviations), image, or logo by which the Licensor or CERN is
- known, except where needed to comply with section 3, or where
- the use is otherwise allowed by law. Any such permitted use
- shall be factual and shall not be made so as to suggest any kind
- of endorsement or implication of involvement by the Licensor or
- its personnel.
- 7.3 CERN may publish updated versions and variants of this Licence
- which it considers to be in the spirit of this version, but may
- differ in detail to address new problems or concerns. New
- versions will be published with a unique version number and a
- variant identifier specifying the variant. If the Licensor has
- specified that a given variant applies to the Covered Source
- without specifying a version, You may treat that Covered Source
- as being released under any version of the CERN-OHL with that
- variant. If no variant is specified, the Covered Source shall be
- treated as being released under CERN-OHL-S. The Licensor may
- also specify that the Covered Source is subject to a specific
- version of the CERN-OHL or any later version in which case You
- may apply this or any later version of CERN-OHL with the same
- variant identifier published by CERN.
- 7.4 This Licence shall not be enforceable except by a Licensor
- acting as such, and third party beneficiary rights are
- specifically excluded.
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