CERNOHLv1_1.txt

The CERN OHL version 1.1 in a text file - Javier Serrano, 2011-09-07 16:40

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CERN OPEN HARDWARE LICENCE v1.1
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Preamble
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Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the
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Organization wishes to disseminate its hardware designs (as published
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on http://www.ohwr.org/) as widely as possible, and generally to
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foster collaboration among public research hardware designers.  The
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CERN OHL is copyright of CERN. Anyone is welcome to use the CERN OHL,
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in unmodified form only, for the distribution of his own Open Hardware
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designs. Any other right is reserved.  
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1. Definitions
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In this Licence, the following terms have the following meanings:
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“Licence” means this CERN OHL.  
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“Documentation” means schematic diagrams, designs, circuit or circuit
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board layouts, mechanical drawings, flow charts and descriptive text,
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and other explanatory material that is explicitly stated as being made
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available under the conditions of this Licence. The Documentation may
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be in any medium, including but not limited to computer files and
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representations on paper, film, or any other media.  
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“Product” means either an entire, or any part of a, device built using
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the Documentation or the modified Documentation.  
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“Licensee” means any natural or legal person exercising rights under
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this Licence.  
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“Licensor” means any natural or legal person that creates or modifies
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Documentation and subsequently communicates to the public and/ or
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distributes the resulting Documentation under the terms and conditions
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of this Licence.  
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A Licensee may at the same time be a Licensor, and vice versa.
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2. Applicability
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2.1 This Licence governs the use, copying, modification, communication
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to the public and distribution of the Documentation, and the
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manufacture and distribution of Products. By exercising any right
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granted under this Licence, the Licensee irrevocably accepts these
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terms and conditions.  
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2.2 This Licence is granted by the Licensor directly to the Licensee,
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and shall apply worldwide and without limitation in time. The Licensee
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may assign his licence rights or grant sub-licences.  
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2.3 This Licence does not apply to software, firmware, or code loaded
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into programmable devices which may be used in conjunction with the
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Documentation, the modified Documentation or with Products. The use of
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such software, firmware, or code is subject to the applicable licence
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terms and conditions.  
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3. Copying, modification, communication to the public and distribution
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of the Documentation
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3.1 The Licensee shall keep intact all copyright and trademarks
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notices and all notices that refer to this Licence and to the
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disclaimer of warranties that is included in the Documentation. He
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shall include a copy thereof in every copy of the Documentation or, as
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the case may be, modified Documentation, that he communicates to the
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public or distributes.
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3.2 The Licensee may use, copy, communicate to the public and
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distribute verbatim copies of the Documentation, in any medium,
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subject to the requirements specified in section 3.1.
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3.3 The Licensee may modify the Documentation or any portion
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thereof. The Licensee may communicate to the public and distribute the
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modified Documentation (thereby in addition to being a Licensee also
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becoming a Licensor), always provided that he shall: 
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a. comply with section 3.1;
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b. cause the modified Documentation to carry prominent notices stating
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that the Licensee has modified the Documentation, with the date and
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details of the modifications;
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c. license the modified Documentation under the terms and conditions
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of this Licence or, where applicable, a later version of this Licence
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as may be issued by CERN; and
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d. send a copy of the modified Documentation to all Licensors that
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contributed to the parts of the Documentation that were modified, as
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well as to any other Licensor who has requested to receive a copy of
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the modified Documentation and has provided a means of contact with
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the Documentation.
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3.4 The Licence includes a licence to those patents or registered
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designs that are held by the Licensor, to the extent necessary to make
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use of the rights granted under this Licence. The scope of this
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section 3.4 shall be strictly limited to the parts of the
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Documentation or modified Documentation created by the Licensor.
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4. Manufacture and distribution of Products
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4.1 The Licensee may manufacture or distribute Products always
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provided that the Licensee distributes to each recipient of such
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Products a copy of the Documentation or modified Documentation, as
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applicable, and complies with section 3.
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4.2 The Licensee is invited to inform in writing any Licensor who has
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indicated its wish to receive this information about the type,
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quantity and dates of production of Products the Licensee has (had)
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manufactured.
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5. Warranty and liability
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5.1 DISCLAIMER – The Documentation and any modified Documentation are
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provided "as is" and any express or implied warranties, including, but
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not limited to, implied warranties of merchantability, of satisfactory
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quality, and fitness for a particular purpose or use are disclaimed in
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respect of the Documentation, the modified Documentation or any
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Product. The Licensor makes no representation that the Documentation,
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modified Documentation, or any Product, does or will not infringe any
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patent, copyright, trade secret or other proprietary right. The entire
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risk as to the use, quality, and performance of a Product shall be
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with the Licensee and not the Licensor. This disclaimer of warranty is
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an essential part of this Licence and a condition for the grant of any
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rights granted under this Licence. The Licensee warrants that it does
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not act in a consumer capacity.
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5.2 LIMITATION OF LIABILITY – The Licensor shall have no liability for
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direct, indirect, special, incidental, consequential, exemplary,
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punitive or other damages of any character including, without
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limitation, procurement of substitute goods or services, loss of use,
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data or profits, or business interruption, however caused and on any
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theory of contract, warranty, tort (including negligence), product
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liability or otherwise, arising in any way in relation to the
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Documentation, modified Documentation and/or the use, manufacture or
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distribution of a Product, even if advised of the possibility of such
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damages, and the Licensee shall hold the Licensor(s) free and harmless
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from any liability, costs, damages, fees and expenses, including
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claims by third parties, in relation to such use.
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6. General
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6.1 The rights granted under this Licence do not imply or represent
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any transfer or assignment of intellectual property rights to the
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Licensee.
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6.2 The Licensee shall not use or make reference to any of the names,
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acronyms, images or logos under which the Licensor is known, save in
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so far as required to comply with section 3. Any such permitted use or
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reference shall be factual and shall in no event suggest any kind of
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endorsement by the Licensor or its personnel of the modified
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Documentation or any Product, or any kind of implication by the
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Licensor or its personnel in the preparation of the modified
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Documentation or Product.
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6.3 CERN may publish updated versions of this Licence which retain the
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same general provisions as this version, but differ in detail so far
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this is required and reasonable. New versions will be published with a
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unique version number.
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6.4 This Licence shall terminate with immediate effect, upon written
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notice and without involvement of a court if the Licensee fails to
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comply with any of its terms and conditions, or if the Licensee
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initiates legal action against Licensor in relation to this
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Licence. Section 5 shall continue to apply.
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6.5 Except as may be otherwise agreed with the Intergovernmental
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Organization, any dispute with respect to this Licence involving an
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Intergovernmental Organization shall, by virtue of the latter's
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Intergovernmental status, be settled by international arbitration. The
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arbitration proceedings shall be held at the place where the
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Intergovernmental Organization has its seat. The arbitral award shall
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be final and binding upon the parties, who hereby expressly agree to
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renounce any form of appeal or revision.