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CERN Open Hardware Licence v1.2 |
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Preamble |
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Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN |
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wishes to provide a tool to foster collaboration and sharing among |
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hardware designers. The CERN OHL is copyright CERN. Anyone is welcome |
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to use the CERN OHL, in unmodified form only, for the distribution of |
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their own Open Hardware designs. Any other right is reserved. Release |
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of hardware designs under the CERN OHL does not constitute an |
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endorsement of the licensor or its designs nor does it imply any |
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involvement by CERN in the development of such designs. |
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1. Definitions |
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In this Licence, the following terms have the following meanings: |
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“Licence” means this CERN OHL. |
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“Documentation” means schematic diagrams, designs, circuit or circuit |
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board layouts, mechanical drawings, flow charts and descriptive text, |
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and other explanatory material that is explicitly stated as being made |
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available under the conditions of this Licence. The Documentation may |
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be in any medium, including but not limited to computer files and |
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representations on paper, film, or any other media. |
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“Documentation Location” means a location where the Licensor has |
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placed Documentation, and which he believes will be publicly |
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accessible for at least three years from the first communication to |
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the public or distribution of Documentation. |
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“Product” means either an entire, or any part of a, device built using |
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the Documentation or the modified Documentation. |
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“Licensee” means any natural or legal person exercising rights under |
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this Licence. |
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“Licensor” means any natural or legal person that creates or modifies |
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Documentation and subsequently communicates to the public and/ or |
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distributes the resulting Documentation under the terms and conditions |
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of this Licence. |
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A Licensee may at the same time be a Licensor, and vice versa. |
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Use of the masculine gender includes the feminine and neuter genders |
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and is employed solely to facilitate reading. |
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2. Applicability |
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2.1. This Licence governs the use, copying, modification, |
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communication to the public and distribution of the Documentation, and |
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the manufacture and distribution of Products. By exercising any right |
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granted under this Licence, the Licensee irrevocably accepts these |
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terms and conditions. |
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2.2. This Licence is granted by the Licensor directly to the Licensee, |
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and shall apply worldwide and without limitation in time. The Licensee |
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may assign his licence rights or grant sub-licences. |
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2.3. This Licence does not extend to software, firmware, or code |
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loaded into programmable devices which may be used in conjunction with |
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the Documentation, the modified Documentation or with Products, unless |
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such software, firmware, or code is explicitly expressed to be subject |
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to this Licence. The use of such software, firmware, or code is |
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otherwise subject to the applicable licence terms and conditions. |
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3. Copying, modification, communication to the public and distribution |
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of the Documentation |
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3.1. The Licensee shall keep intact all copyright and trademarks |
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notices, all notices referring to Documentation Location, 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 Documentation. He shall include a copy |
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thereof in every copy of the Documentation or, as the case may be, |
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modified Documentation, that he communicates to the public or |
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distributes. |
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3.2. The Licensee may copy, communicate to the public and distribute |
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verbatim copies of the Documentation, in any medium, subject to the |
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requirements specified in section 3.1. |
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3.3. The Licensee may modify the Documentation or any portion thereof |
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provided that upon modification of the Documentation, the Licensee |
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shall make the modified Documentation available from a Documentation |
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Location such that it can be easily located by an original Licensor |
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once the Licensee communicates to the public or distributes the |
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modified Documentation under section 3.4, and, where required by |
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section 4.1, by a recipient of a Product. However, the Licensor shall |
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not assert his rights under the foregoing proviso unless or until a |
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Product is distributed. |
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3.4. The Licensee may communicate to the public and distribute the |
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modified Documentation (thereby in addition to being a Licensee also |
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becoming a Licensor), always provided that he shall: |
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a) comply with section 3.1; |
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b) cause the modified Documentation to carry prominent notices stating |
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that the Licensee has modified the Documentation, with the date and |
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description of the modifications; |
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c) cause the modified Documentation to carry a new Documentation |
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Location notice if the original Documentation provided for one; |
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d) make available the modified Documentation at the same level of |
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abstraction as that of the Documentation, in the preferred format for |
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making modifications to it (e.g. the native format of the CAD tool as |
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applicable), and in the event that format is proprietary, in a format |
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viewable with a tool licensed under an OSI-approved license if the |
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proprietary tool can create it; and |
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e) license the modified Documentation under the terms and conditions |
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of this Licence or, where applicable, a later version of this Licence |
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as may be issued by CERN. |
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3.5. The Licence includes a non-exclusive licence to those patents or |
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registered designs that are held by, under the control of, or |
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sub-licensable by the Licensor, to the extent necessary to make use of |
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the rights granted under this Licence. The scope of this section 3.5 |
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shall be strictly limited to the parts of the Documentation or |
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modified Documentation created by the Licensor. |
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4. Manufacture and distribution of Products |
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4.1. The Licensee may manufacture or distribute Products always |
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provided that, where such manufacture or distribution requires a |
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licence under this Licence the Licensee provides to each recipient of |
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such Products an easy means of accessing a copy of the Documentation |
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or modified Documentation, as applicable, as set out in section 3. |
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4.2. The Licensee is invited to inform any Licensor who has indicated |
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his wish to receive this information about the type, quantity and |
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dates of production of Products the Licensee has (had) manufactured |
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5. Warranty and liability |
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5.1. DISCLAIMER – The Documentation and any modified Documentation 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 the |
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Documentation, the modified Documentation or any Product. The Licensor |
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makes no representation that the Documentation, modified |
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Documentation, or any Product, does or will not infringe any patent, |
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copyright, trade secret or other proprietary right. The entire risk as |
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to the use, quality, and performance of a Product shall be with the |
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Licensee and not the Licensor. This disclaimer of warranty is an |
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essential part of this Licence and a condition for the grant of any |
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rights granted under this Licence. The Licensee warrants that it does |
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not act in a consumer capacity. |
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5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability |
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for direct, indirect, special, incidental, consequential, exemplary, |
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punitive or other damages of any character including, without |
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limitation, procurement of substitute goods or services, loss of use, |
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data or profits, or business interruption, however caused and on any |
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theory of contract, warranty, tort (including negligence), product |
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liability or otherwise, arising in any way in relation to the |
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Documentation, modified Documentation and/or the use, manufacture or |
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distribution of a Product, even if advised of the possibility of such |
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damages, and the Licensee shall hold the Licensor(s) free and harmless |
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from any liability, costs, damages, fees and expenses, including |
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claims by third parties, in relation to such use. |
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6. General |
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6.1. Except for the rights explicitly granted hereunder, this Licence |
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does not imply or represent any transfer or assignment of intellectual |
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property rights to the Licensee. |
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6.2. The Licensee shall not use or make reference to any of the names |
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(including acronyms and abbreviations), images, or logos under which |
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the Licensor is known, save in so far as required to comply with |
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section 3. Any such permitted use or reference shall be factual and |
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shall in no event suggest any kind of endorsement by the Licensor or |
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its personnel of the modified Documentation or any Product, or any |
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kind of implication by the Licensor or its personnel in the |
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preparation of the modified Documentation or Product. |
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6.3. CERN may publish updated versions of this Licence which retain |
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the same general provisions as this version, but differ in detail so |
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far this is required and reasonable. New versions will be published |
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with a unique version number. |
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6.4. This Licence shall terminate with immediate effect, upon written |
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notice and without involvement of a court if the Licensee fails to |
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comply with any of its terms and conditions, or if the Licensee |
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initiates legal action against Licensor in relation to this |
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Licence. Section 5 shall continue to apply. |