1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
|
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.
|
