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authorAndrew Yu <andrew@andrewyu.org>2022-08-22 21:55:22 +0200
committerAndrew Yu <andrew@andrewyu.org>2022-08-22 21:55:22 +0200
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tree2f2b0518cd07b4cad4014aaa2dac59250bee422e /cern-ohl-s-2.0.txt
downloadlicense-a87172c6c477d3a589272d3f25e3d08399d43b3f.tar.gz
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Initialization.
- Simple disclaimer-like README. - Three existing licenses: cern-ohl-s, lgplv3 (incl. gplv3), and gfdl. - Initial transcript of GPLv3 into evosaur.txt, our main license. - A few chat note about what we want.
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+CERN Open Hardware Licence Version 2 - Strongly Reciprocal
+
+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: CERN-OHL-P (permissive); and two reciprocal
+licences: CERN-OHL-W (weakly reciprocal) and this licence, CERN-OHL-S
+(strongly reciprocal).
+
+The CERN-OHL-S 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 ʼLicenceʼ means this CERN-OHL-S.
+ + 1.2 ʼCompatible Licenceʼ means
+ o a) any earlier version of the CERN Open Hardware licence,
+ or
+ o b) any version of the CERN-OHL-S, or
+ o c) any licence which permits You to treat the Source to
+ which it applies as licensed under CERN-OHL-S provided
+ that on Conveyance of any such Source, or any associated
+ Product You treat the Source in question as being
+ licensed under CERN-OHL-S.
+ + 1.3 ʼSourceʼ 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.
+ + 1.4 ʼCovered Sourceʼ means Source that is explicitly made
+ available under this Licence.
+ + 1.5 ʼProductʼ means any device, component, work or physical
+ object, whether in finished or intermediate form, arising from
+ the use, application or processing of Covered Source.
+ + 1.6 ʼMakeʼ means to create or configure something, whether by
+ manufacture, assembly, compiling, loading or applying Covered
+ Source or another Product or otherwise.
+ + 1.7 ʼAvailable Componentʼ means any part, sub-assembly,
+ library or code which:
+ o a) is licensed to You as Complete Source under a
+ Compatible Licence; or
+ o b) is available, at the time a Product or the Source
+ containing it is first Conveyed, to You and any other
+ prospective licensees
+ # i) as a physical part with sufficient rights and
+ information (including any configuration and
+ programming files and information about its
+ characteristics and interfaces) to enable it either
+ to be Made itself, or to be sourced and used to Make
+ the Product; or
+ # ii) as part of the normal distribution of a tool
+ used to design or Make the Product.
+ + 1.8 ʼComplete Sourceʼ means the set of all Source necessary to
+ Make a Product, in the preferred form for making
+ modifications, including necessary installation and
+ interfacing information both for the Product, and for any
+ included Available Components. If the format is proprietary,
+ it must also be made available in a format (if the proprietary
+ tool can create it) which is viewable with a tool available to
+ potential licensees and licensed under a licence approved by
+ the Free Software Foundation or the Open Source Initiative.
+ Complete Source need not include the Source of any Available
+ Component, provided that You include in the Complete Source
+ sufficient information to enable a recipient to Make or source
+ and use the Available Component to Make the Product.
+ + 1.9 ʼSource Locationʼ means a location where a Licensor has
+ placed Covered Source, and which that Licensor reasonably
+ believes will remain easily accessible for at least three
+ years for anyone to obtain a digital copy.
+ + 1.10 ʼNoticeʼ means copyright, acknowledgement and trademark
+ notices, Source Location references, 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.
+ + 1.11 ʼLicenseeʼ or ʼYouʼ means any person exercising rights
+ under this Licence.
+ + 1.12 ʼLicensorʼ means a natural or legal person who creates or
+ modifies Covered Source. A person may be a Licensee and a
+ Licensor at the same time.
+ + 1.13 ʼConveyʼ 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,
+ provided that You irrevocably undertake to make that modified
+ Covered Source available from a Source Location should You
+ Convey a Product in circumstances where the recipient does not
+ otherwise receive a copy of the modified Covered Source. In
+ each case subsection 3.3 shall apply.
+ 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.
+ Including Covered Source in a larger work is modifying the
+ Covered Source, and the larger work becomes modified Covered
+ Source.
+ + 3.3 You may Convey modified Covered Source (with the effect
+ that You shall also become a Licensor) provided that You:
+ o a) retain Notices as required in subsection 3.2;
+ o 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;
+ o c) add a Source Location Notice for the modified Covered
+ Source if You Convey in circumstances where the recipient
+ does not otherwise receive a copy of the modified Covered
+ Source; and
+ o d) license the modified Covered Source under the terms
+ and conditions of this Licence (or, as set out in
+ subsection 8.3, a later version, if permitted by the
+ licence of the original Covered Source). Such modified
+ Covered Source must be licensed as a whole, but excluding
+ Available Components contained in it, which remain
+ licensed under their own applicable licences.
+ * 4 Making and Conveying Products
+ You may Make Products, and/or Convey them, provided that You either
+ provide each recipient with a copy of the Complete Source or ensure
+ that each recipient is notified of the Source Location of the
+ Complete Source. That Complete Source is Covered Source, and You
+ must accordingly satisfy Your obligations set out in subsection
+ 3.3. If specified in a Notice, the Product must visibly and
+ securely display the Source Location on it or its packaging or
+ documentation in the manner specified in that Notice.
+ * 5 Research and Development
+ You may Convey Covered Source, modified Covered Source or Products
+ to a legal entity carrying out development, testing or quality
+ assurance work on Your behalf provided that the work is performed
+ on terms which prevent the entity from both using the Source or
+ Products for its own internal purposes and Conveying the Source or
+ Products or any modifications to them to any person other than You.
+ Any modifications made by the entity shall be deemed to be made by
+ You pursuant to subsection 3.2.
+ * 6 DISCLAIMER AND LIABILITY
+ + 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any
+ Products are provided ʼas isʼ 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.
+ + 6.2 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.
+ * 7 Patents
+ + 7.1 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 subsections 7.2 and 8.4) 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.
+ + 7.2 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.
+ * 8 General
+ + 8.1 If any provisions of this Licence are or subsequently
+ become invalid or unenforceable for any reason, the remaining
+ provisions shall remain effective.
+ + 8.2 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.
+ + 8.3 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.
+ + 8.4 This Licence shall terminate with immediate effect if You
+ fail to comply with any of its terms and conditions.
+ + 8.5 However, if You cease all breaches of this Licence, then
+ Your Licence from any Licensor is reinstated unless such
+ Licensor has terminated this Licence by giving You, while You
+ remain in breach, a notice specifying the breach and requiring
+ You to cure it within 30 days, and You have failed to come
+ into compliance in all material respects by the end of the 30
+ day period. Should You repeat the breach after receipt of a
+ cure notice and subsequent reinstatement, this Licence will
+ terminate immediately and permanently. Section 6 shall
+ continue to apply after any termination.
+ + 8.6 This Licence shall not be enforceable except by a Licensor
+ acting as such, and third party beneficiary rights are
+ specifically excluded.