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# CERN Open Hardware Licence

## cern_ohl_v_1_2.txt

Licence text in text format. - Javier Serrano, 2013-09-06 10:05

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    ﻿CERN Open Hardware Licence v1.2

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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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    “Documentation Location” means a location where the Licensor has

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    placed Documentation, and which he believes will be publicly

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    accessible for at least three years from the first communication to

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    the public or distribution of Documentation.

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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,

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    communication to the public and distribution of the Documentation, and

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    the 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 extend to software, firmware, or code

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    loaded into programmable devices which may be used in conjunction with

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    the Documentation, the modified Documentation or with Products, unless

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    such software, firmware, or code is explicitly expressed to be subject

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    to this Licence. The use of such software, firmware, or code is

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    otherwise subject to the applicable licence 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, all notices referring to Documentation Location, and all

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    notices that refer to this Licence and to the disclaimer of warranties

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    that are included in the Documentation. He shall include a copy

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    thereof in every copy of the Documentation or, as the case may be,

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    modified Documentation, that he communicates to the public or

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    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 Documentation

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    Location such that it can be easily located by an original Licensor

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    once the Licensee communicates to the public or distributes the

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    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.

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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 stating

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    that the Licensee has modified the Documentation, with the date and

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    description of the modifications;

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    c) cause the modified Documentation to carry a new Documentation

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    Location notice if the original Documentation provided for one;

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    d) 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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    e) 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.

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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

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    for 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. 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.

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