Sylvain Munaut | 21b03ba | 2020-09-14 10:01:45 +0200 | [diff] [blame] | 1 | CERN Open Hardware Licence Version 2 - Weakly 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: this licence, CERN-OHL-W (weakly reciprocal) |
| 12 | and CERN-OHL-S (strongly reciprocal). |
| 13 | |
| 14 | The CERN-OHL-W 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-W. |
| 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 the CERN-OHL-W, or |
| 31 | |
| 32 | c) any licence which permits You to treat the Source to which |
| 33 | it applies as licensed under CERN-OHL-S or CERN-OHL-W |
| 34 | provided that on Conveyance of any such Source, or any |
| 35 | associated Product You treat the Source in question as being |
| 36 | licensed under CERN-OHL-S or CERN-OHL-W as appropriate. |
| 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) with sufficient rights and information (including any |
| 65 | configuration and programming files and information |
| 66 | about its characteristics and interfaces) to enable it |
| 67 | either to be Made itself, or to be sourced and used to |
| 68 | Make the Product; or |
| 69 | ii) as part of the normal distribution of a tool used to |
| 70 | design or Make the Product. |
| 71 | |
| 72 | 1.8 'External Material' means anything (including Source) which: |
| 73 | |
| 74 | a) is only combined with Covered Source in such a way that it |
| 75 | interfaces with the Covered Source using a documented |
| 76 | interface which is described in the Covered Source; and |
| 77 | |
| 78 | b) is not a derivative of or contains Covered Source, or, if it |
| 79 | is, it is solely to the extent necessary to facilitate such |
| 80 | interfacing. |
| 81 | |
| 82 | 1.9 'Complete Source' means the set of all Source necessary to Make |
| 83 | a Product, in the preferred form for making modifications, |
| 84 | including necessary installation and interfacing information |
| 85 | both for the Product, and for any included Available Components. |
| 86 | If the format is proprietary, it must also be made available in |
| 87 | a format (if the proprietary tool can create it) which is |
| 88 | viewable with a tool available to potential licensees and |
| 89 | licensed under a licence approved by the Free Software |
| 90 | Foundation or the Open Source Initiative. Complete Source need |
| 91 | not include the Source of any Available Component, provided that |
| 92 | You include in the Complete Source sufficient information to |
| 93 | enable a recipient to Make or source and use the Available |
| 94 | Component to Make the Product. |
| 95 | |
| 96 | 1.10 'Source Location' means a location where a Licensor has placed |
| 97 | Covered Source, and which that Licensor reasonably believes will |
| 98 | remain easily accessible for at least three years for anyone to |
| 99 | obtain a digital copy. |
| 100 | |
| 101 | 1.11 'Notice' means copyright, acknowledgement and trademark notices, |
| 102 | Source Location references, modification notices (subsection |
| 103 | 3.3(b)) and all notices that refer to this Licence and to the |
| 104 | disclaimer of warranties that are included in the Covered |
| 105 | Source. |
| 106 | |
| 107 | 1.12 'Licensee' or 'You' means any person exercising rights under |
| 108 | this Licence. |
| 109 | |
| 110 | 1.13 'Licensor' means a natural or legal person who creates or |
| 111 | modifies Covered Source. A person may be a Licensee and a |
| 112 | Licensor at the same time. |
| 113 | |
| 114 | 1.14 'Convey' means to communicate to the public or distribute. |
| 115 | |
| 116 | |
| 117 | 2 Applicability |
| 118 | |
| 119 | 2.1 This Licence governs the use, copying, modification, Conveying |
| 120 | of Covered Source and Products, and the Making of Products. By |
| 121 | exercising any right granted under this Licence, You irrevocably |
| 122 | accept these terms and conditions. |
| 123 | |
| 124 | 2.2 This Licence is granted by the Licensor directly to You, and |
| 125 | shall apply worldwide and without limitation in time. |
| 126 | |
| 127 | 2.3 You shall not attempt to restrict by contract or otherwise the |
| 128 | rights granted under this Licence to other Licensees. |
| 129 | |
| 130 | 2.4 This Licence is not intended to restrict fair use, fair dealing, |
| 131 | or any other similar right. |
| 132 | |
| 133 | |
| 134 | 3 Copying, Modifying and Conveying Covered Source |
| 135 | |
| 136 | 3.1 You may copy and Convey verbatim copies of Covered Source, in |
| 137 | any medium, provided You retain all Notices. |
| 138 | |
| 139 | 3.2 You may modify Covered Source, other than Notices, provided that |
| 140 | You irrevocably undertake to make that modified Covered Source |
| 141 | available from a Source Location should You Convey a Product in |
| 142 | circumstances where the recipient does not otherwise receive a |
| 143 | copy of the modified Covered Source. In each case subsection 3.3 |
| 144 | shall apply. |
| 145 | |
| 146 | You may only delete Notices if they are no longer applicable to |
| 147 | the corresponding Covered Source as modified by You and You may |
| 148 | add additional Notices applicable to Your modifications. |
| 149 | |
| 150 | 3.3 You may Convey modified Covered Source (with the effect that You |
| 151 | shall also become a Licensor) provided that You: |
| 152 | |
| 153 | a) retain Notices as required in subsection 3.2; |
| 154 | |
| 155 | b) add a Notice to the modified Covered Source stating that You |
| 156 | have modified it, with the date and brief description of how |
| 157 | You have modified it; |
| 158 | |
| 159 | c) add a Source Location Notice for the modified Covered Source |
| 160 | if You Convey in circumstances where the recipient does not |
| 161 | otherwise receive a copy of the modified Covered Source; and |
| 162 | |
| 163 | d) license the modified Covered Source under the terms and |
| 164 | conditions of this Licence (or, as set out in subsection |
| 165 | 8.3, a later version, if permitted by the licence of the |
| 166 | original Covered Source). Such modified Covered Source must |
| 167 | be licensed as a whole, but excluding Available Components |
| 168 | contained in it or External Material to which it is |
| 169 | interfaced, which remain licensed under their own applicable |
| 170 | licences. |
| 171 | |
| 172 | |
| 173 | 4 Making and Conveying Products |
| 174 | |
| 175 | 4.1 You may Make Products, and/or Convey them, provided that You |
| 176 | either provide each recipient with a copy of the Complete Source |
| 177 | or ensure that each recipient is notified of the Source Location |
| 178 | of the Complete Source. That Complete Source includes Covered |
| 179 | Source and You must accordingly satisfy Your obligations set out |
| 180 | in subsection 3.3. If specified in a Notice, the Product must |
| 181 | visibly and securely display the Source Location on it or its |
| 182 | packaging or documentation in the manner specified in that |
| 183 | Notice. |
| 184 | |
| 185 | 4.2 Where You Convey a Product which incorporates External Material, |
| 186 | the Complete Source for that Product which You are required to |
| 187 | provide under subsection 4.1 need not include any Source for the |
| 188 | External Material. |
| 189 | |
| 190 | 4.3 You may license Products under terms of Your choice, provided |
| 191 | that such terms do not restrict or attempt to restrict any |
| 192 | recipients' rights under this Licence to the Covered Source. |
| 193 | |
| 194 | |
| 195 | 5 Research and Development |
| 196 | |
| 197 | You may Convey Covered Source, modified Covered Source or Products to |
| 198 | a legal entity carrying out development, testing or quality assurance |
| 199 | work on Your behalf provided that the work is performed on terms which |
| 200 | prevent the entity from both using the Source or Products for its own |
| 201 | internal purposes and Conveying the Source or Products or any |
| 202 | modifications to them to any person other than You. Any modifications |
| 203 | made by the entity shall be deemed to be made by You pursuant to |
| 204 | subsection 3.2. |
| 205 | |
| 206 | |
| 207 | 6 DISCLAIMER AND LIABILITY |
| 208 | |
| 209 | 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products |
| 210 | are provided 'as is' and any express or implied warranties, |
| 211 | including, but not limited to, implied warranties of |
| 212 | merchantability, of satisfactory quality, non-infringement of |
| 213 | third party rights, and fitness for a particular purpose or use |
| 214 | are disclaimed in respect of any Source or Product to the |
| 215 | maximum extent permitted by law. The Licensor makes no |
| 216 | representation that any Source or Product does not or will not |
| 217 | infringe any patent, copyright, trade secret or other |
| 218 | proprietary right. The entire risk as to the use, quality, and |
| 219 | performance of any Source or Product shall be with You and not |
| 220 | the Licensor. This disclaimer of warranty is an essential part |
| 221 | of this Licence and a condition for the grant of any rights |
| 222 | granted under this Licence. |
| 223 | |
| 224 | 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to |
| 225 | the maximum extent permitted by law, have no liability for |
| 226 | direct, indirect, special, incidental, consequential, exemplary, |
| 227 | punitive or other damages of any character including, without |
| 228 | limitation, procurement of substitute goods or services, loss of |
| 229 | use, data or profits, or business interruption, however caused |
| 230 | and on any theory of contract, warranty, tort (including |
| 231 | negligence), product liability or otherwise, arising in any way |
| 232 | in relation to the Covered Source, modified Covered Source |
| 233 | and/or the Making or Conveyance of a Product, even if advised of |
| 234 | the possibility of such damages, and You shall hold the |
| 235 | Licensor(s) free and harmless from any liability, costs, |
| 236 | damages, fees and expenses, including claims by third parties, |
| 237 | in relation to such use. |
| 238 | |
| 239 | |
| 240 | 7 Patents |
| 241 | |
| 242 | 7.1 Subject to the terms and conditions of this Licence, each |
| 243 | Licensor hereby grants to You a perpetual, worldwide, |
| 244 | non-exclusive, no-charge, royalty-free, irrevocable (except as |
| 245 | stated in subsections 7.2 and 8.4) patent license to Make, have |
| 246 | Made, use, offer to sell, sell, import, and otherwise transfer |
| 247 | the Covered Source and Products, where such licence applies only |
| 248 | to those patent claims licensable by such Licensor that are |
| 249 | necessarily infringed by exercising rights under the Covered |
| 250 | Source as Conveyed by that Licensor. |
| 251 | |
| 252 | 7.2 If You institute patent litigation against any entity (including |
| 253 | a cross-claim or counterclaim in a lawsuit) alleging that the |
| 254 | Covered Source or a Product constitutes direct or contributory |
| 255 | patent infringement, or You seek any declaration that a patent |
| 256 | licensed to You under this Licence is invalid or unenforceable |
| 257 | then any rights granted to You under this Licence shall |
| 258 | terminate as of the date such process is initiated. |
| 259 | |
| 260 | |
| 261 | 8 General |
| 262 | |
| 263 | 8.1 If any provisions of this Licence are or subsequently become |
| 264 | invalid or unenforceable for any reason, the remaining |
| 265 | provisions shall remain effective. |
| 266 | |
| 267 | 8.2 You shall not use any of the name (including acronyms and |
| 268 | abbreviations), image, or logo by which the Licensor or CERN is |
| 269 | known, except where needed to comply with section 3, or where |
| 270 | the use is otherwise allowed by law. Any such permitted use |
| 271 | shall be factual and shall not be made so as to suggest any kind |
| 272 | of endorsement or implication of involvement by the Licensor or |
| 273 | its personnel. |
| 274 | |
| 275 | 8.3 CERN may publish updated versions and variants of this Licence |
| 276 | which it considers to be in the spirit of this version, but may |
| 277 | differ in detail to address new problems or concerns. New |
| 278 | versions will be published with a unique version number and a |
| 279 | variant identifier specifying the variant. If the Licensor has |
| 280 | specified that a given variant applies to the Covered Source |
| 281 | without specifying a version, You may treat that Covered Source |
| 282 | as being released under any version of the CERN-OHL with that |
| 283 | variant. If no variant is specified, the Covered Source shall be |
| 284 | treated as being released under CERN-OHL-S. The Licensor may |
| 285 | also specify that the Covered Source is subject to a specific |
| 286 | version of the CERN-OHL or any later version in which case You |
| 287 | may apply this or any later version of CERN-OHL with the same |
| 288 | variant identifier published by CERN. |
| 289 | |
| 290 | You may treat Covered Source licensed under CERN-OHL-W as |
| 291 | licensed under CERN-OHL-S if and only if all Available |
| 292 | Components referenced in the Covered Source comply with the |
| 293 | corresponding definition of Available Component for CERN-OHL-S. |
| 294 | |
| 295 | 8.4 This Licence shall terminate with immediate effect if You fail |
| 296 | to comply with any of its terms and conditions. |
| 297 | |
| 298 | 8.5 However, if You cease all breaches of this Licence, then Your |
| 299 | Licence from any Licensor is reinstated unless such Licensor has |
| 300 | terminated this Licence by giving You, while You remain in |
| 301 | breach, a notice specifying the breach and requiring You to cure |
| 302 | it within 30 days, and You have failed to come into compliance |
| 303 | in all material respects by the end of the 30 day period. Should |
| 304 | You repeat the breach after receipt of a cure notice and |
| 305 | subsequent reinstatement, this Licence will terminate |
| 306 | immediately and permanently. Section 6 shall continue to apply |
| 307 | after any termination. |
| 308 | |
| 309 | 8.6 This Licence shall not be enforceable except by a Licensor |
| 310 | acting as such, and third party beneficiary rights are |
| 311 | specifically excluded. |