cernohl-v1_2-rev5.txt

Javier Serrano, 2013-01-07 10:57

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CERN OPEN HARDWARE LICENCE v1.2 (rev.5)
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Preamble
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Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN
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wishes to provide a tool to foster collaboration and sharing among
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hardware designers.  The CERN OHL is copyright CERN. Anyone is welcome
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to use the CERN OHL, in unmodified form only, for the distribution of
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their own Open Hardware designs. Any other right is reserved. Release
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of hardware designs under the CERN OHL does not constitute an
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endorsement of the licensor or its designs nor does it imply any
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involvement by CERN in the development of such designs.
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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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Use of the masculine gender includes the feminine and neuter genders
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and is employed solely to facilitate reading.
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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 copy, communicate to the public and distribute
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verbatim copies of the Documentation, in any medium, subject to the
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requirements specified in section 3.1.
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3.3 The Licensee may modify the Documentation or any portion thereof
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provided that upon modification of the Documentation, the Licensee
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shall make the modified Documentation available from a publicly
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accessible place such that it can be easily located by an original
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Licensor once the Licensee communicates to the public or distributes
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the modified Documentation under section 3.4, and, where required by
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section 4.1, by a recipient of a Product. However, the Licensor shall
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not assert his rights under the foregoing proviso unless or until a
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Product is distributed without the modified Documentation relating to
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that Product being made available in compliance with this section 3.3.
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3.4 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
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stating that the Licensee has modified the Documentation, with the
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date and description of the modifications;
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c.  make available the modified Documentation at the same level of
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abstraction as that of the Documentation, in the preferred format for
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making modifications to it (e.g. the native format of the CAD tool as
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applicable), and in the event that format is proprietary, in a format
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viewable with a tool licensed under an OSI-approved license if the
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proprietary tool can create it; and
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d.  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. If the Licensee communicates to the public
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or distributes modified Documentation based on both the Documentation
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and another work licensed under the TAPR Open Hardware License version
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1.0, the Licensee may do so under the terms of the TAPR Open Hardware
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License version 1.0.
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3.5. The Licence includes a non-exclusive licence to those patents or
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registered designs that are held by, under the control of, or
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sub-licensable by the Licensor, to the extent necessary to make use of
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the rights granted under this Licence. The scope of this section 3.5
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shall be strictly limited to the parts of the Documentation or
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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, where such manufacture or distribution requires a
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licence under this Licence the Licensee provides to each recipient of
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such Products an easy means of accessing a copy of the Documentation
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or modified Documentation, as applicable, as set out in section 3.
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4.2. The Licensee is invited to inform any Licensor who has indicated
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his wish to receive this information about the type, quantity and
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dates of production of Products the Licensee has (had) 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, non-infringement of third party rights, and fitness for a
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particular purpose or use are disclaimed in respect of the
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Documentation, the modified Documentation or any Product. The Licensor
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makes no representation that the Documentation, modified
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Documentation, or any Product, does or will not infringe any patent,
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copyright, trade secret or other proprietary right. The entire risk as
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to the use, quality, and performance of a Product shall be with the
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Licensee and not the Licensor. This disclaimer of warranty is an
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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.  6. General
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6.1. Except for the rights explicitly granted hereunder, this Licence
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does not imply or represent any transfer or assignment of intellectual
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property rights to the Licensee.
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6.2. The Licensee shall not use or make reference to any of the names
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(including acronyms and abbreviations), images, or logos under which
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the Licensor is known, save in so far as required to comply with
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section 3. Any such permitted use or reference shall be factual and
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shall in no event suggest any kind of endorsement by the Licensor or
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its personnel of the modified Documentation or any Product, or any
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kind of implication by the Licensor or its personnel in the
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preparation of the modified Documentation or Product.
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6.3. CERN may publish updated versions of this Licence which retain
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the same general provisions as this version, but differ in detail so
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far this is required and reasonable. New versions will be published
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with a 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.