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| 1 | +CERN Open Hardware Licence Version 2 - Strongly Reciprocal |
| 2 | + |
| 3 | + |
| 4 | +Preamble |
| 5 | + |
| 6 | +CERN has developed this licence to promote collaboration among |
| 7 | +hardware designers and to provide a legal tool which supports the |
| 8 | +freedom to use, study, modify, share and distribute hardware designs |
| 9 | +and products based on those designs. Version 2 of the CERN Open |
| 10 | +Hardware Licence comes in three variants: CERN-OHL-P (permissive); and |
| 11 | +two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this |
| 12 | +licence, CERN-OHL-S (strongly reciprocal). |
| 13 | + |
| 14 | +The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in |
| 15 | +unmodified form only. |
| 16 | + |
| 17 | +Use of this Licence does not imply any endorsement by CERN of any |
| 18 | +Licensor or their designs nor does it imply any involvement by CERN in |
| 19 | +their development. |
| 20 | + |
| 21 | + |
| 22 | +1 Definitions |
| 23 | + |
| 24 | + 1.1 'Licence' means this CERN-OHL-S. |
| 25 | + |
| 26 | + 1.2 'Compatible Licence' means |
| 27 | + |
| 28 | + a) any earlier version of the CERN Open Hardware licence, or |
| 29 | + |
| 30 | + b) any version of the CERN-OHL-S, or |
| 31 | + |
| 32 | + c) any licence which permits You to treat the Source to which |
| 33 | + it applies as licensed under CERN-OHL-S provided that on |
| 34 | + Conveyance of any such Source, or any associated Product You |
| 35 | + treat the Source in question as being licensed under |
| 36 | + CERN-OHL-S. |
| 37 | + |
| 38 | + 1.3 'Source' means information such as design materials or digital |
| 39 | + code which can be applied to Make or test a Product or to |
| 40 | + prepare a Product for use, Conveyance or sale, regardless of its |
| 41 | + medium or how it is expressed. It may include Notices. |
| 42 | + |
| 43 | + 1.4 'Covered Source' means Source that is explicitly made available |
| 44 | + under this Licence. |
| 45 | + |
| 46 | + 1.5 'Product' means any device, component, work or physical object, |
| 47 | + whether in finished or intermediate form, arising from the use, |
| 48 | + application or processing of Covered Source. |
| 49 | + |
| 50 | + 1.6 'Make' means to create or configure something, whether by |
| 51 | + manufacture, assembly, compiling, loading or applying Covered |
| 52 | + Source or another Product or otherwise. |
| 53 | + |
| 54 | + 1.7 'Available Component' means any part, sub-assembly, library or |
| 55 | + code which: |
| 56 | + |
| 57 | + a) is licensed to You as Complete Source under a Compatible |
| 58 | + Licence; or |
| 59 | + |
| 60 | + b) is available, at the time a Product or the Source containing |
| 61 | + it is first Conveyed, to You and any other prospective |
| 62 | + licensees |
| 63 | + |
| 64 | + i) as a physical part with sufficient rights and |
| 65 | + information (including any configuration and |
| 66 | + programming files and information about its |
| 67 | + characteristics and interfaces) to enable it either to |
| 68 | + be Made itself, or to be sourced and used to Make the |
| 69 | + Product; or |
| 70 | + ii) as part of the normal distribution of a tool used to |
| 71 | + design or Make the Product. |
| 72 | + |
| 73 | + 1.8 'Complete Source' means the set of all Source necessary to Make |
| 74 | + a Product, in the preferred form for making modifications, |
| 75 | + including necessary installation and interfacing information |
| 76 | + both for the Product, and for any included Available Components. |
| 77 | + If the format is proprietary, it must also be made available in |
| 78 | + a format (if the proprietary tool can create it) which is |
| 79 | + viewable with a tool available to potential licensees and |
| 80 | + licensed under a licence approved by the Free Software |
| 81 | + Foundation or the Open Source Initiative. Complete Source need |
| 82 | + not include the Source of any Available Component, provided that |
| 83 | + You include in the Complete Source sufficient information to |
| 84 | + enable a recipient to Make or source and use the Available |
| 85 | + Component to Make the Product. |
| 86 | + |
| 87 | + 1.9 'Source Location' means a location where a Licensor has placed |
| 88 | + Covered Source, and which that Licensor reasonably believes will |
| 89 | + remain easily accessible for at least three years for anyone to |
| 90 | + obtain a digital copy. |
| 91 | + |
| 92 | + 1.10 'Notice' means copyright, acknowledgement and trademark notices, |
| 93 | + Source Location references, modification notices (subsection |
| 94 | + 3.3(b)) and all notices that refer to this Licence and to the |
| 95 | + disclaimer of warranties that are included in the Covered |
| 96 | + Source. |
| 97 | + |
| 98 | + 1.11 'Licensee' or 'You' means any person exercising rights under |
| 99 | + this Licence. |
| 100 | + |
| 101 | + 1.12 'Licensor' means a natural or legal person who creates or |
| 102 | + modifies Covered Source. A person may be a Licensee and a |
| 103 | + Licensor at the same time. |
| 104 | + |
| 105 | + 1.13 'Convey' means to communicate to the public or distribute. |
| 106 | + |
| 107 | + |
| 108 | +2 Applicability |
| 109 | + |
| 110 | + 2.1 This Licence governs the use, copying, modification, Conveying |
| 111 | + of Covered Source and Products, and the Making of Products. By |
| 112 | + exercising any right granted under this Licence, You irrevocably |
| 113 | + accept these terms and conditions. |
| 114 | + |
| 115 | + 2.2 This Licence is granted by the Licensor directly to You, and |
| 116 | + shall apply worldwide and without limitation in time. |
| 117 | + |
| 118 | + 2.3 You shall not attempt to restrict by contract or otherwise the |
| 119 | + rights granted under this Licence to other Licensees. |
| 120 | + |
| 121 | + 2.4 This Licence is not intended to restrict fair use, fair dealing, |
| 122 | + or any other similar right. |
| 123 | + |
| 124 | + |
| 125 | +3 Copying, Modifying and Conveying Covered Source |
| 126 | + |
| 127 | + 3.1 You may copy and Convey verbatim copies of Covered Source, in |
| 128 | + any medium, provided You retain all Notices. |
| 129 | + |
| 130 | + 3.2 You may modify Covered Source, other than Notices, provided that |
| 131 | + You irrevocably undertake to make that modified Covered Source |
| 132 | + available from a Source Location should You Convey a Product in |
| 133 | + circumstances where the recipient does not otherwise receive a |
| 134 | + copy of the modified Covered Source. In each case subsection 3.3 |
| 135 | + shall apply. |
| 136 | + |
| 137 | + You may only delete Notices if they are no longer applicable to |
| 138 | + the corresponding Covered Source as modified by You and You may |
| 139 | + add additional Notices applicable to Your modifications. |
| 140 | + Including Covered Source in a larger work is modifying the |
| 141 | + Covered Source, and the larger work becomes modified Covered |
| 142 | + Source. |
| 143 | + |
| 144 | + 3.3 You may Convey modified Covered Source (with the effect that You |
| 145 | + shall also become a Licensor) provided that You: |
| 146 | + |
| 147 | + a) retain Notices as required in subsection 3.2; |
| 148 | + |
| 149 | + b) add a Notice to the modified Covered Source stating that You |
| 150 | + have modified it, with the date and brief description of how |
| 151 | + You have modified it; |
| 152 | + |
| 153 | + c) add a Source Location Notice for the modified Covered Source |
| 154 | + if You Convey in circumstances where the recipient does not |
| 155 | + otherwise receive a copy of the modified Covered Source; and |
| 156 | + |
| 157 | + d) license the modified Covered Source under the terms and |
| 158 | + conditions of this Licence (or, as set out in subsection |
| 159 | + 8.3, a later version, if permitted by the licence of the |
| 160 | + original Covered Source). Such modified Covered Source must |
| 161 | + be licensed as a whole, but excluding Available Components |
| 162 | + contained in it, which remain licensed under their own |
| 163 | + applicable licences. |
| 164 | + |
| 165 | + |
| 166 | +4 Making and Conveying Products |
| 167 | + |
| 168 | +You may Make Products, and/or Convey them, provided that You either |
| 169 | +provide each recipient with a copy of the Complete Source or ensure |
| 170 | +that each recipient is notified of the Source Location of the Complete |
| 171 | +Source. That Complete Source is Covered Source, and You must |
| 172 | +accordingly satisfy Your obligations set out in subsection 3.3. If |
| 173 | +specified in a Notice, the Product must visibly and securely display |
| 174 | +the Source Location on it or its packaging or documentation in the |
| 175 | +manner specified in that Notice. |
| 176 | + |
| 177 | + |
| 178 | +5 Research and Development |
| 179 | + |
| 180 | +You may Convey Covered Source, modified Covered Source or Products to |
| 181 | +a legal entity carrying out development, testing or quality assurance |
| 182 | +work on Your behalf provided that the work is performed on terms which |
| 183 | +prevent the entity from both using the Source or Products for its own |
| 184 | +internal purposes and Conveying the Source or Products or any |
| 185 | +modifications to them to any person other than You. Any modifications |
| 186 | +made by the entity shall be deemed to be made by You pursuant to |
| 187 | +subsection 3.2. |
| 188 | + |
| 189 | + |
| 190 | +6 DISCLAIMER AND LIABILITY |
| 191 | + |
| 192 | + 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products |
| 193 | + are provided 'as is' and any express or implied warranties, |
| 194 | + including, but not limited to, implied warranties of |
| 195 | + merchantability, of satisfactory quality, non-infringement of |
| 196 | + third party rights, and fitness for a particular purpose or use |
| 197 | + are disclaimed in respect of any Source or Product to the |
| 198 | + maximum extent permitted by law. The Licensor makes no |
| 199 | + representation that any Source or Product does not or will not |
| 200 | + infringe any patent, copyright, trade secret or other |
| 201 | + proprietary right. The entire risk as to the use, quality, and |
| 202 | + performance of any Source or Product shall be with You and not |
| 203 | + the Licensor. This disclaimer of warranty is an essential part |
| 204 | + of this Licence and a condition for the grant of any rights |
| 205 | + granted under this Licence. |
| 206 | + |
| 207 | + 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to |
| 208 | + the maximum extent permitted by law, have no liability for |
| 209 | + direct, indirect, special, incidental, consequential, exemplary, |
| 210 | + punitive or other damages of any character including, without |
| 211 | + limitation, procurement of substitute goods or services, loss of |
| 212 | + use, data or profits, or business interruption, however caused |
| 213 | + and on any theory of contract, warranty, tort (including |
| 214 | + negligence), product liability or otherwise, arising in any way |
| 215 | + in relation to the Covered Source, modified Covered Source |
| 216 | + and/or the Making or Conveyance of a Product, even if advised of |
| 217 | + the possibility of such damages, and You shall hold the |
| 218 | + Licensor(s) free and harmless from any liability, costs, |
| 219 | + damages, fees and expenses, including claims by third parties, |
| 220 | + in relation to such use. |
| 221 | + |
| 222 | + |
| 223 | +7 Patents |
| 224 | + |
| 225 | + 7.1 Subject to the terms and conditions of this Licence, each |
| 226 | + Licensor hereby grants to You a perpetual, worldwide, |
| 227 | + non-exclusive, no-charge, royalty-free, irrevocable (except as |
| 228 | + stated in subsections 7.2 and 8.4) patent licence to Make, have |
| 229 | + Made, use, offer to sell, sell, import, and otherwise transfer |
| 230 | + the Covered Source and Products, where such licence applies only |
| 231 | + to those patent claims licensable by such Licensor that are |
| 232 | + necessarily infringed by exercising rights under the Covered |
| 233 | + Source as Conveyed by that Licensor. |
| 234 | + |
| 235 | + 7.2 If You institute patent litigation against any entity (including |
| 236 | + a cross-claim or counterclaim in a lawsuit) alleging that the |
| 237 | + Covered Source or a Product constitutes direct or contributory |
| 238 | + patent infringement, or You seek any declaration that a patent |
| 239 | + licensed to You under this Licence is invalid or unenforceable |
| 240 | + then any rights granted to You under this Licence shall |
| 241 | + terminate as of the date such process is initiated. |
| 242 | + |
| 243 | + |
| 244 | +8 General |
| 245 | + |
| 246 | + 8.1 If any provisions of this Licence are or subsequently become |
| 247 | + invalid or unenforceable for any reason, the remaining |
| 248 | + provisions shall remain effective. |
| 249 | + |
| 250 | + 8.2 You shall not use any of the name (including acronyms and |
| 251 | + abbreviations), image, or logo by which the Licensor or CERN is |
| 252 | + known, except where needed to comply with section 3, or where |
| 253 | + the use is otherwise allowed by law. Any such permitted use |
| 254 | + shall be factual and shall not be made so as to suggest any kind |
| 255 | + of endorsement or implication of involvement by the Licensor or |
| 256 | + its personnel. |
| 257 | + |
| 258 | + 8.3 CERN may publish updated versions and variants of this Licence |
| 259 | + which it considers to be in the spirit of this version, but may |
| 260 | + differ in detail to address new problems or concerns. New |
| 261 | + versions will be published with a unique version number and a |
| 262 | + variant identifier specifying the variant. If the Licensor has |
| 263 | + specified that a given variant applies to the Covered Source |
| 264 | + without specifying a version, You may treat that Covered Source |
| 265 | + as being released under any version of the CERN-OHL with that |
| 266 | + variant. If no variant is specified, the Covered Source shall be |
| 267 | + treated as being released under CERN-OHL-S. The Licensor may |
| 268 | + also specify that the Covered Source is subject to a specific |
| 269 | + version of the CERN-OHL or any later version in which case You |
| 270 | + may apply this or any later version of CERN-OHL with the same |
| 271 | + variant identifier published by CERN. |
| 272 | + |
| 273 | + 8.4 This Licence shall terminate with immediate effect if You fail |
| 274 | + to comply with any of its terms and conditions. |
| 275 | + |
| 276 | + 8.5 However, if You cease all breaches of this Licence, then Your |
| 277 | + Licence from any Licensor is reinstated unless such Licensor has |
| 278 | + terminated this Licence by giving You, while You remain in |
| 279 | + breach, a notice specifying the breach and requiring You to cure |
| 280 | + it within 30 days, and You have failed to come into compliance |
| 281 | + in all material respects by the end of the 30 day period. Should |
| 282 | + You repeat the breach after receipt of a cure notice and |
| 283 | + subsequent reinstatement, this Licence will terminate |
| 284 | + immediately and permanently. Section 6 shall continue to apply |
| 285 | + after any termination. |
| 286 | + |
| 287 | + 8.6 This Licence shall not be enforceable except by a Licensor |
| 288 | + acting as such, and third party beneficiary rights are |
| 289 | + specifically excluded. |
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