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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).
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.
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.
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 'Licence' means this CERN-OHL-S.
1 Definitions
1.2 'Compatible Licence' means
1.1 'Licence' means this CERN-OHL-S.
a) any earlier version of the CERN Open Hardware licence, or
1.2 'Compatible Licence' means
b) any version of the CERN-OHL-S, or
a) any earlier version of the CERN Open Hardware licence, or
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.
b) any version of the CERN-OHL-S, or
1.3 'Source' 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.
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.
1.4 'Covered Source' means Source that is explicitly made available under
this Licence.
1.3 'Source' 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.
1.5 'Product' means any device, component, work or physical object, whether
in finished or intermediate form, arising from the use, application or processing
of Covered Source.
1.4 'Covered Source' means Source that is explicitly made available
under this Licence.
1.6 'Make' means to create or configure something, whether by manufacture,
assembly, compiling, loading or applying Covered Source or another Product
or otherwise.
1.5 'Product' means any device, component, work or physical object,
whether in finished or intermediate form, arising from the use,
application or processing of Covered Source.
1.7 'Available Component' means any part, sub-assembly, library or code which:
1.6 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
a) is licensed to You as Complete Source under a Compatible Licence; or
1.7 'Available Component' means any part, sub-assembly, library or
code which:
b) is available, at the time a Product or the Source containing it is first
Conveyed, to You and any other prospective licensees
a) is licensed to You as Complete Source under a Compatible
Licence; or
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
b) is available, at the time a Product or the Source containing
it is first Conveyed, to You and any other prospective
licensees
ii) as part of the normal distribution of a tool used to design or Make the
Product.
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 'Complete Source' 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.
1.8 'Complete Source' 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 'Source Location' 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.
1.9 'Source Location' 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 'Notice' 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.
1.10 'Notice' 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 'Licensee' or 'You' means any person exercising rights under this Licence.
1.11 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.12 'Licensor' 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.
1.12 'Licensor' 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 'Convey' means to communicate to the public or distribute.
1.13 'Convey' 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 Applicability
2.2 This Licence is granted by the Licensor directly to You, and shall apply
worldwide and without limitation in time.
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.
2.3 You shall not attempt to restrict by contract or otherwise the rights
granted under this Licence to other Licensees.
2.2 This Licence is granted by the Licensor directly to You, and
shall apply worldwide and without limitation in time.
2.4 This Licence is not intended to restrict fair use, fair dealing, or any
other similar right.
2.3 You shall not attempt to restrict by contract or otherwise the
rights granted under this Licence to other Licensees.
3 Copying, modifying and Conveying Covered Source
2.4 This Licence is not intended to restrict fair use, fair dealing,
or any other similar right.
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.
3 Copying, modifying and Conveying Covered Source
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.
3.1 You may copy and Convey verbatim copies of Covered Source, in
any medium, provided You retain all Notices.
3.3 You may Convey modified Covered Source (with the effect that You shall
also become a Licensor) provided that You:
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.
a) retain Notices as required in subsection 3.2;
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.
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;
3.3 You may Convey modified Covered Source (with the effect that You
shall also become a Licensor) provided that You:
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
a) retain Notices as required in subsection 3.2;
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.
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;
4 Making and Conveying Products
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
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.
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.
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.
4 Making and Conveying Products
6 DISCLAIMER AND LIABILITY
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.
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are provided
'as is' 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.
5 Research and Development
7 Patents
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.
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.
6 DISCLAIMER AND LIABILITY
8 General
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
are provided 'as is' 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.
8.1 If any provisions of this Licence are or subsequently become invalid or
unenforceable for any reason, the remaining provisions shall remain effective.
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.
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.
7 Patents
8.4 This Licence shall terminate with immediate effect if You fail to comply
with any of its terms and conditions.
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.
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.
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.
8.6 This Licence shall not be enforceable except by a Licensor acting as such,
and third party beneficiary rights are specifically excluded.
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.