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| 1 | +CERN Open Hardware Licence Version 2 - Strongly Reciprocal |
| 2 | + |
| 3 | + |
| 4 | +Preamble |
| 5 | + |
| 6 | +CERN has developed this licence to promote collaboration among hardware |
| 7 | +designers and to provide a legal tool which supports the freedom to use, |
| 8 | +study, modify, share and distribute hardware designs and products based on |
| 9 | +those designs. Version 2 of the CERN Open Hardware Licence comes in three |
| 10 | +variants: CERN-OHL-P (permissive); and two reciprocal licences: CERN-OHL-W |
| 11 | +(weakly reciprocal) and this licence, CERN-OHL-S (strongly reciprocal). |
| 12 | + |
| 13 | +The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in |
| 14 | +unmodified form only. |
| 15 | + |
| 16 | +Use of this Licence does not imply any endorsement by CERN of any Licensor or |
| 17 | +their designs nor does it imply any involvement by CERN in their development. |
| 18 | + |
| 19 | + |
| 20 | +1 Definitions |
| 21 | + |
| 22 | + 1.1 'Licence' means this CERN-OHL-S. |
| 23 | + |
| 24 | + 1.2 'Compatible Licence' means |
| 25 | + |
| 26 | + a) any earlier version of the CERN Open Hardware licence, or |
| 27 | + |
| 28 | + b) any version of the CERN-OHL-S, or |
| 29 | + |
| 30 | + c) any licence which permits You to treat the Source to which it |
| 31 | + applies as licensed under CERN-OHL-S provided that on Conveyance of |
| 32 | + any such Source, or any associated Product You treat the Source in |
| 33 | + question as being licensed under CERN-OHL-S. |
| 34 | + |
| 35 | + 1.3 'Source' means information such as design materials or digital code |
| 36 | + which can be applied to Make or test a Product or to prepare a Product |
| 37 | + for use, Conveyance or sale, regardless of its medium or how it is |
| 38 | + expressed. It may include Notices. |
| 39 | + |
| 40 | + 1.4 'Covered Source' means Source that is explicitly made available under |
| 41 | + this Licence. |
| 42 | + |
| 43 | + 1.5 'Product' means any device, component, work or physical object, whether |
| 44 | + in finished or intermediate form, arising from the use, application or |
| 45 | + processing of Covered Source. |
| 46 | + |
| 47 | + 1.6 'Make' means to create or configure something, whether by manufacture, |
| 48 | + assembly, compiling, loading or applying Covered Source or another |
| 49 | + Product or otherwise. |
| 50 | + |
| 51 | + 1.7 'Available Component' means any part, sub-assembly, library or code |
| 52 | + which: |
| 53 | + |
| 54 | + a) is licensed to You as Complete Source under a Compatible Licence; or |
| 55 | + |
| 56 | + b) is available, at the time a Product or the Source containing it is |
| 57 | + first Conveyed, to You and any other prospective licensees |
| 58 | + |
| 59 | + i) as a physical part with sufficient rights and information |
| 60 | + (including any configuration and programming files and |
| 61 | + information about its characteristics and interfaces) to enable |
| 62 | + it either to be Made itself, or to be sourced and used to Make |
| 63 | + the Product; or |
| 64 | + ii) as part of the normal distribution of a tool used to design or |
| 65 | + Make the Product. |
| 66 | + |
| 67 | + 1.8 'Complete Source' means the set of all Source necessary to Make a |
| 68 | + Product, in the preferred form for making modifications, including |
| 69 | + necessary installation and interfacing information both for the Product, |
| 70 | + and for any included Available Components. If the format is |
| 71 | + proprietary, it must also be made available in a format (if the |
| 72 | + proprietary tool can create it) which is viewable with a tool available |
| 73 | + to potential licensees and licensed under a licence approved by the Free |
| 74 | + Software Foundation or the Open Source Initiative. Complete Source need |
| 75 | + not include the Source of any Available Component, provided that You |
| 76 | + include in the Complete Source sufficient information to enable a |
| 77 | + recipient to Make or source and use the Available Component to Make the |
| 78 | + Product. |
| 79 | + |
| 80 | + 1.9 'Source Location' means a location where a Licensor has placed Covered |
| 81 | + Source, and which that Licensor reasonably believes will remain easily |
| 82 | + accessible for at least three years for anyone to obtain a digital copy. |
| 83 | + |
| 84 | + 1.10 'Notice' means copyright, acknowledgement and trademark notices, Source |
| 85 | + Location references, modification notices (subsection 3.3(b)) and all |
| 86 | + notices that refer to this Licence and to the disclaimer of warranties |
| 87 | + that are included in the Covered Source. |
| 88 | + |
| 89 | + 1.11 'Licensee' or 'You' means any person exercising rights under this |
| 90 | + Licence. |
| 91 | + |
| 92 | + 1.12 'Licensor' means a natural or legal person who creates or modifies |
| 93 | + Covered Source. A person may be a Licensee and a Licensor at the same |
| 94 | + time. |
| 95 | + |
| 96 | + 1.13 'Convey' means to communicate to the public or distribute. |
| 97 | + |
| 98 | + |
| 99 | +2 Applicability |
| 100 | + |
| 101 | + 2.1 This Licence governs the use, copying, modification, Conveying of |
| 102 | + Covered Source and Products, and the Making of Products. By exercising |
| 103 | + any right granted under this Licence, You irrevocably accept these terms |
| 104 | + and conditions. |
| 105 | + |
| 106 | + 2.2 This Licence is granted by the Licensor directly to You, and shall apply |
| 107 | + worldwide and without limitation in time. |
| 108 | + |
| 109 | + 2.3 You shall not attempt to restrict by contract or otherwise the rights |
| 110 | + granted under this Licence to other Licensees. |
| 111 | + |
| 112 | + 2.4 This Licence is not intended to restrict fair use, fair dealing, or any |
| 113 | + other similar right. |
| 114 | + |
| 115 | + |
| 116 | +3 Copying, Modifying and Conveying Covered Source |
| 117 | + |
| 118 | + 3.1 You may copy and Convey verbatim copies of Covered Source, in any |
| 119 | + medium, provided You retain all Notices. |
| 120 | + |
| 121 | + 3.2 You may modify Covered Source, other than Notices, provided that You |
| 122 | + irrevocably undertake to make that modified Covered Source available |
| 123 | + from a Source Location should You Convey a Product in circumstances |
| 124 | + where the recipient does not otherwise receive a copy of the modified |
| 125 | + Covered Source. In each case subsection 3.3 shall apply. |
| 126 | + |
| 127 | + You may only delete Notices if they are no longer applicable to the |
| 128 | + corresponding Covered Source as modified by You and You may add |
| 129 | + additional Notices applicable to Your modifications. Including Covered |
| 130 | + Source in a larger work is modifying the Covered Source, and the larger |
| 131 | + work becomes modified Covered Source. |
| 132 | + |
| 133 | + 3.3 You may Convey modified Covered Source (with the effect that You shall |
| 134 | + also become a Licensor) provided that You: |
| 135 | + |
| 136 | + a) retain Notices as required in subsection 3.2; |
| 137 | + |
| 138 | + b) add a Notice to the modified Covered Source stating that You have |
| 139 | + modified it, with the date and brief description of how You have |
| 140 | + modified it; |
| 141 | + |
| 142 | + c) add a Source Location Notice for the modified Covered Source if You |
| 143 | + Convey in circumstances where the recipient does not otherwise |
| 144 | + receive a copy of the modified Covered Source; and |
| 145 | + |
| 146 | + d) license the modified Covered Source under the terms and conditions |
| 147 | + of this Licence (or, as set out in subsection 8.3, a later version, |
| 148 | + if permitted by the licence of the original Covered Source). Such |
| 149 | + modified Covered Source must be licensed as a whole, but excluding |
| 150 | + Available Components contained in it, which remain licensed under |
| 151 | + their own applicable licences. |
| 152 | + |
| 153 | + |
| 154 | +4 Making and Conveying Products |
| 155 | + |
| 156 | +You may Make Products, and/or Convey them, provided that You either provide |
| 157 | +each recipient with a copy of the Complete Source or ensure that each |
| 158 | +recipient is notified of the Source Location of the Complete Source. That |
| 159 | +Complete Source is Covered Source, and You must accordingly satisfy Your |
| 160 | +obligations set out in subsection 3.3. If specified in a Notice, the Product |
| 161 | +must visibly and securely display the Source Location on it or its packaging |
| 162 | +or documentation in the manner specified in that Notice. |
| 163 | + |
| 164 | + |
| 165 | +5 Research and Development |
| 166 | + |
| 167 | +You may Convey Covered Source, modified Covered Source or Products to a legal |
| 168 | +entity carrying out development, testing or quality assurance work on Your |
| 169 | +behalf provided that the work is performed on terms which prevent the entity |
| 170 | +from both using the Source or Products for its own internal purposes and |
| 171 | +Conveying the Source or Products or any modifications to them to any person |
| 172 | +other than You. Any modifications made by the entity shall be deemed to be |
| 173 | +made by You pursuant to subsection 3.2. |
| 174 | + |
| 175 | + |
| 176 | +6 DISCLAIMER AND LIABILITY |
| 177 | + |
| 178 | + 6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are |
| 179 | + provided 'as is' and any express or implied warranties, including, but |
| 180 | + not limited to, implied warranties of merchantability, of satisfactory |
| 181 | + quality, non-infringement of third party rights, and fitness for a |
| 182 | + particular purpose or use are disclaimed in respect of any Source or |
| 183 | + Product to the maximum extent permitted by law. The Licensor makes no |
| 184 | + representation that any Source or Product does not or will not infringe |
| 185 | + any patent, copyright, trade secret or other proprietary right. The |
| 186 | + entire risk as to the use, quality, and performance of any Source or |
| 187 | + Product shall be with You and not the Licensor. This disclaimer of |
| 188 | + warranty is an essential part of this Licence and a condition for the |
| 189 | + grant of any rights granted under this Licence. |
| 190 | + |
| 191 | + 6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the |
| 192 | + maximum extent permitted by law, have no liability for direct, indirect, |
| 193 | + special, incidental, consequential, exemplary, punitive or other damages |
| 194 | + of any character including, without limitation, procurement of |
| 195 | + substitute goods or services, loss of use, data or profits, or business |
| 196 | + interruption, however caused and on any theory of contract, warranty, |
| 197 | + tort (including negligence), product liability or otherwise, arising in |
| 198 | + any way in relation to the Covered Source, modified Covered Source |
| 199 | + and/or the Making or Conveyance of a Product, even if advised of the |
| 200 | + possibility of such damages, and You shall hold the Licensor(s) free and |
| 201 | + harmless from any liability, costs, damages, fees and expenses, |
| 202 | + including claims by third parties, in relation to such use. |
| 203 | + |
| 204 | + |
| 205 | +7 Patents |
| 206 | + |
| 207 | + 7.1 Subject to the terms and conditions of this Licence, each Licensor |
| 208 | + hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, |
| 209 | + royalty-free, irrevocable (except as stated in subsections 7.2 and 8.4) |
| 210 | + patent licence to Make, have Made, use, offer to sell, sell, import, and |
| 211 | + otherwise transfer the Covered Source and Products, where such licence |
| 212 | + applies only to those patent claims licensable by such Licensor that are |
| 213 | + necessarily infringed by exercising rights under the Covered Source as |
| 214 | + Conveyed by that Licensor. |
| 215 | + |
| 216 | + 7.2 If You institute patent litigation against any entity (including a |
| 217 | + cross-claim or counterclaim in a lawsuit) alleging that the Covered |
| 218 | + Source or a Product constitutes direct or contributory patent |
| 219 | + infringement, or You seek any declaration that a patent licensed to You |
| 220 | + under this Licence is invalid or unenforceable then any rights granted |
| 221 | + to You under this Licence shall terminate as of the date such process is |
| 222 | + initiated. |
| 223 | + |
| 224 | + |
| 225 | +8 General |
| 226 | + |
| 227 | + 8.1 If any provisions of this Licence are or subsequently become invalid or |
| 228 | + unenforceable for any reason, the remaining provisions shall remain |
| 229 | + effective. |
| 230 | + |
| 231 | + 8.2 You shall not use any of the name (including acronyms and |
| 232 | + abbreviations), image, or logo by which the Licensor or CERN is known, |
| 233 | + except where needed to comply with section 3, or where the use is |
| 234 | + otherwise allowed by law. Any such permitted use shall be factual and |
| 235 | + shall not be made so as to suggest any kind of endorsement or |
| 236 | + implication of involvement by the Licensor or its personnel. |
| 237 | + |
| 238 | + 8.3 CERN may publish updated versions and variants of this Licence which it |
| 239 | + considers to be in the spirit of this version, but may differ in detail |
| 240 | + to address new problems or concerns. New versions will be published with |
| 241 | + a unique version number and a variant identifier specifying the variant. |
| 242 | + If the Licensor has specified that a given variant applies to the |
| 243 | + Covered Source without specifying a version, You may treat that Covered |
| 244 | + Source as being released under any version of the CERN-OHL with that |
| 245 | + variant. If no variant is specified, the Covered Source shall be treated |
| 246 | + as being released under CERN-OHL-S. The Licensor may also specify that |
| 247 | + the Covered Source is subject to a specific version of the CERN-OHL or |
| 248 | + any later version in which case You may apply this or any later version |
| 249 | + of CERN-OHL with the same variant identifier published by CERN. |
| 250 | + |
| 251 | + 8.4 This Licence shall terminate with immediate effect if You fail to comply |
| 252 | + with any of its terms and conditions. |
| 253 | + |
| 254 | + 8.5 However, if You cease all breaches of this Licence, then Your Licence |
| 255 | + from any Licensor is reinstated unless such Licensor has terminated this |
| 256 | + Licence by giving You, while You remain in breach, a notice specifying |
| 257 | + the breach and requiring You to cure it within 30 days, and You have |
| 258 | + failed to come into compliance in all material respects by the end of |
| 259 | + the 30 day period. Should You repeat the breach after receipt of a cure |
| 260 | + notice and subsequent reinstatement, this Licence will terminate |
| 261 | + immediately and permanently. Section 6 shall continue to apply after any |
| 262 | + termination. |
| 263 | + |
| 264 | + 8.6 This Licence shall not be enforceable except by a Licensor acting as |
| 265 | + such, and third party beneficiary rights are specifically excluded. |
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