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| 1 | +CERN Open Hardware Licence v1.2 |
| 2 | + |
| 3 | +Preamble |
| 4 | + |
| 5 | +Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN |
| 6 | +wishes to provide a tool to foster collaboration and sharing among |
| 7 | +hardware designers. The CERN OHL is copyright CERN. Anyone is welcome |
| 8 | +to use the CERN OHL, in unmodified form only, for the distribution of |
| 9 | +their own Open Hardware designs. Any other right is reserved. Release |
| 10 | +of hardware designs under the CERN OHL does not constitute an |
| 11 | +endorsement of the licensor or its designs nor does it imply any |
| 12 | +involvement by CERN in the development of such designs. |
| 13 | + |
| 14 | +1. Definitions |
| 15 | + |
| 16 | +In this Licence, the following terms have the following meanings: |
| 17 | + |
| 18 | +�Licence� means this CERN OHL. |
| 19 | + |
| 20 | +�Documentation� means schematic diagrams, designs, circuit or circuit |
| 21 | +board layouts, mechanical drawings, flow charts and descriptive text, |
| 22 | +and other explanatory material that is explicitly stated as being made |
| 23 | +available under the conditions of this Licence. The Documentation may |
| 24 | +be in any medium, including but not limited to computer files and |
| 25 | +representations on paper, film, or any other media. |
| 26 | + |
| 27 | +�Documentation Location� means a location where the Licensor has |
| 28 | +placed Documentation, and which he believes will be publicly |
| 29 | +accessible for at least three years from the first communication to |
| 30 | +the public or distribution of Documentation. |
| 31 | + |
| 32 | +�Product� means either an entire, or any part of a, device built using |
| 33 | +the Documentation or the modified Documentation. |
| 34 | + |
| 35 | +�Licensee� means any natural or legal person exercising rights under |
| 36 | +this Licence. |
| 37 | + |
| 38 | +�Licensor� means any natural or legal person that creates or modifies |
| 39 | +Documentation and subsequently communicates to the public and/ or |
| 40 | +distributes the resulting Documentation under the terms and conditions |
| 41 | +of this Licence. |
| 42 | + |
| 43 | +A Licensee may at the same time be a Licensor, and vice versa. |
| 44 | + |
| 45 | +Use of the masculine gender includes the feminine and neuter genders |
| 46 | +and is employed solely to facilitate reading. |
| 47 | + |
| 48 | +2. Applicability |
| 49 | + |
| 50 | +2.1. This Licence governs the use, copying, modification, |
| 51 | +communication to the public and distribution of the Documentation, and |
| 52 | +the manufacture and distribution of Products. By exercising any right |
| 53 | +granted under this Licence, the Licensee irrevocably accepts these |
| 54 | +terms and conditions. |
| 55 | + |
| 56 | +2.2. This Licence is granted by the Licensor directly to the Licensee, |
| 57 | +and shall apply worldwide and without limitation in time. The Licensee |
| 58 | +may assign his licence rights or grant sub-licences. |
| 59 | + |
| 60 | +2.3. This Licence does not extend to software, firmware, or code |
| 61 | +loaded into programmable devices which may be used in conjunction with |
| 62 | +the Documentation, the modified Documentation or with Products, unless |
| 63 | +such software, firmware, or code is explicitly expressed to be subject |
| 64 | +to this Licence. The use of such software, firmware, or code is |
| 65 | +otherwise subject to the applicable licence terms and conditions. |
| 66 | + |
| 67 | +3. Copying, modification, communication to the public and distribution |
| 68 | +of the Documentation |
| 69 | + |
| 70 | +3.1. The Licensee shall keep intact all copyright and trademarks |
| 71 | +notices, all notices referring to Documentation Location, and all |
| 72 | +notices that refer to this Licence and to the disclaimer of warranties |
| 73 | +that are included in the Documentation. He shall include a copy |
| 74 | +thereof in every copy of the Documentation or, as the case may be, |
| 75 | +modified Documentation, that he communicates to the public or |
| 76 | +distributes. |
| 77 | + |
| 78 | +3.2. The Licensee may copy, communicate to the public and distribute |
| 79 | +verbatim copies of the Documentation, in any medium, subject to the |
| 80 | +requirements specified in section 3.1. |
| 81 | + |
| 82 | +3.3. The Licensee may modify the Documentation or any portion thereof |
| 83 | +provided that upon modification of the Documentation, the Licensee |
| 84 | +shall make the modified Documentation available from a Documentation |
| 85 | +Location such that it can be easily located by an original Licensor |
| 86 | +once the Licensee communicates to the public or distributes the |
| 87 | +modified Documentation under section 3.4, and, where required by |
| 88 | +section 4.1, by a recipient of a Product. However, the Licensor shall |
| 89 | +not assert his rights under the foregoing proviso unless or until a |
| 90 | +Product is distributed. |
| 91 | + |
| 92 | +3.4. The Licensee may communicate to the public and distribute the |
| 93 | +modified Documentation (thereby in addition to being a Licensee also |
| 94 | +becoming a Licensor), always provided that he shall: |
| 95 | + |
| 96 | +a) comply with section 3.1; |
| 97 | + |
| 98 | +b) cause the modified Documentation to carry prominent notices stating |
| 99 | +that the Licensee has modified the Documentation, with the date and |
| 100 | +description of the modifications; |
| 101 | + |
| 102 | +c) cause the modified Documentation to carry a new Documentation |
| 103 | +Location notice if the original Documentation provided for one; |
| 104 | + |
| 105 | +d) make available the modified Documentation at the same level of |
| 106 | +abstraction as that of the Documentation, in the preferred format for |
| 107 | +making modifications to it (e.g. the native format of the CAD tool as |
| 108 | +applicable), and in the event that format is proprietary, in a format |
| 109 | +viewable with a tool licensed under an OSI-approved license if the |
| 110 | +proprietary tool can create it; and |
| 111 | + |
| 112 | +e) license the modified Documentation under the terms and conditions |
| 113 | +of this Licence or, where applicable, a later version of this Licence |
| 114 | +as may be issued by CERN. |
| 115 | + |
| 116 | +3.5. The Licence includes a non-exclusive licence to those patents or |
| 117 | +registered designs that are held by, under the control of, or |
| 118 | +sub-licensable by the Licensor, to the extent necessary to make use of |
| 119 | +the rights granted under this Licence. The scope of this section 3.5 |
| 120 | +shall be strictly limited to the parts of the Documentation or |
| 121 | +modified Documentation created by the Licensor. |
| 122 | + |
| 123 | +4. Manufacture and distribution of Products |
| 124 | + |
| 125 | +4.1. The Licensee may manufacture or distribute Products always |
| 126 | +provided that, where such manufacture or distribution requires a |
| 127 | +licence under this Licence the Licensee provides to each recipient of |
| 128 | +such Products an easy means of accessing a copy of the Documentation |
| 129 | +or modified Documentation, as applicable, as set out in section 3. |
| 130 | + |
| 131 | +4.2. The Licensee is invited to inform any Licensor who has indicated |
| 132 | +his wish to receive this information about the type, quantity and |
| 133 | +dates of production of Products the Licensee has (had) manufactured |
| 134 | + |
| 135 | +5. Warranty and liability |
| 136 | + |
| 137 | +5.1. DISCLAIMER � The Documentation and any modified Documentation are |
| 138 | +provided "as is" and any express or implied warranties, including, but |
| 139 | +not limited to, implied warranties of merchantability, of satisfactory |
| 140 | +quality, non-infringement of third party rights, and fitness for a |
| 141 | +particular purpose or use are disclaimed in respect of the |
| 142 | +Documentation, the modified Documentation or any Product. The Licensor |
| 143 | +makes no representation that the Documentation, modified |
| 144 | +Documentation, or any Product, does or will not infringe any patent, |
| 145 | +copyright, trade secret or other proprietary right. The entire risk as |
| 146 | +to the use, quality, and performance of a Product shall be with the |
| 147 | +Licensee and not the Licensor. This disclaimer of warranty is an |
| 148 | +essential part of this Licence and a condition for the grant of any |
| 149 | +rights granted under this Licence. The Licensee warrants that it does |
| 150 | +not act in a consumer capacity. |
| 151 | + |
| 152 | +5.2. LIMITATION OF LIABILITY � The Licensor shall have no liability |
| 153 | +for direct, indirect, special, incidental, consequential, exemplary, |
| 154 | +punitive or other damages of any character including, without |
| 155 | +limitation, procurement of substitute goods or services, loss of use, |
| 156 | +data or profits, or business interruption, however caused and on any |
| 157 | +theory of contract, warranty, tort (including negligence), product |
| 158 | +liability or otherwise, arising in any way in relation to the |
| 159 | +Documentation, modified Documentation and/or the use, manufacture or |
| 160 | +distribution of a Product, even if advised of the possibility of such |
| 161 | +damages, and the Licensee shall hold the Licensor(s) free and harmless |
| 162 | +from any liability, costs, damages, fees and expenses, including |
| 163 | +claims by third parties, in relation to such use. |
| 164 | + |
| 165 | +6. General |
| 166 | + |
| 167 | +6.1. Except for the rights explicitly granted hereunder, this Licence |
| 168 | +does not imply or represent any transfer or assignment of intellectual |
| 169 | +property rights to the Licensee. |
| 170 | + |
| 171 | +6.2. The Licensee shall not use or make reference to any of the names |
| 172 | +(including acronyms and abbreviations), images, or logos under which |
| 173 | +the Licensor is known, save in so far as required to comply with |
| 174 | +section 3. Any such permitted use or reference shall be factual and |
| 175 | +shall in no event suggest any kind of endorsement by the Licensor or |
| 176 | +its personnel of the modified Documentation or any Product, or any |
| 177 | +kind of implication by the Licensor or its personnel in the |
| 178 | +preparation of the modified Documentation or Product. |
| 179 | + |
| 180 | +6.3. CERN may publish updated versions of this Licence which retain |
| 181 | +the same general provisions as this version, but differ in detail so |
| 182 | +far this is required and reasonable. New versions will be published |
| 183 | +with a unique version number. |
| 184 | + |
| 185 | +6.4. This Licence shall terminate with immediate effect, upon written |
| 186 | +notice and without involvement of a court if the Licensee fails to |
| 187 | +comply with any of its terms and conditions, or if the Licensee |
| 188 | +initiates legal action against Licensor in relation to this |
| 189 | +Licence. Section 5 shall continue to apply. |
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