CERN-OHL-P-v2.txt (8852B)
1 CERN Open Hardware Licence Version 2 - Permissive 2 3 4 Preamble 5 6 CERN has developed this licence to promote collaboration among 7 hardware designers and to provide a legal tool which supports the 8 freedom to use, study, modify, share and distribute hardware designs 9 and products based on those designs. Version 2 of the CERN Open 10 Hardware Licence comes in three variants: this licence, CERN-OHL-P 11 (permissive); and two reciprocal licences: CERN-OHL-W (weakly 12 reciprocal) and CERN-OHL-S (strongly reciprocal). 13 14 The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in 15 unmodified form only. 16 17 Use of this Licence does not imply any endorsement by CERN of any 18 Licensor or their designs nor does it imply any involvement by CERN in 19 their development. 20 21 22 1 Definitions 23 24 1.1 'Licence' means this CERN-OHL-P. 25 26 1.2 'Source' means information such as design materials or digital 27 code which can be applied to Make or test a Product or to 28 prepare a Product for use, Conveyance or sale, regardless of its 29 medium or how it is expressed. It may include Notices. 30 31 1.3 'Covered Source' means Source that is explicitly made available 32 under this Licence. 33 34 1.4 'Product' means any device, component, work or physical object, 35 whether in finished or intermediate form, arising from the use, 36 application or processing of Covered Source. 37 38 1.5 'Make' means to create or configure something, whether by 39 manufacture, assembly, compiling, loading or applying Covered 40 Source or another Product or otherwise. 41 42 1.6 'Notice' means copyright, acknowledgement and trademark notices, 43 references to the location of any Notices, modification notices 44 (subsection 3.3(b)) and all notices that refer to this Licence 45 and to the disclaimer of warranties that are included in the 46 Covered Source. 47 48 1.7 'Licensee' or 'You' means any person exercising rights under 49 this Licence. 50 51 1.8 'Licensor' means a person who creates Source or modifies Covered 52 Source and subsequently Conveys the resulting Covered Source 53 under the terms and conditions of this Licence. A person may be 54 a Licensee and a Licensor at the same time. 55 56 1.9 'Convey' means to communicate to the public or distribute. 57 58 59 2 Applicability 60 61 2.1 This Licence governs the use, copying, modification, Conveying 62 of Covered Source and Products, and the Making of Products. By 63 exercising any right granted under this Licence, You irrevocably 64 accept these terms and conditions. 65 66 2.2 This Licence is granted by the Licensor directly to You, and 67 shall apply worldwide and without limitation in time. 68 69 2.3 You shall not attempt to restrict by contract or otherwise the 70 rights granted under this Licence to other Licensees. 71 72 2.4 This Licence is not intended to restrict fair use, fair dealing, 73 or any other similar right. 74 75 76 3 Copying, Modifying and Conveying Covered Source 77 78 3.1 You may copy and Convey verbatim copies of Covered Source, in 79 any medium, provided You retain all Notices. 80 81 3.2 You may modify Covered Source, other than Notices. 82 83 You may only delete Notices if they are no longer applicable to 84 the corresponding Covered Source as modified by You and You may 85 add additional Notices applicable to Your modifications. 86 87 3.3 You may Convey modified Covered Source (with the effect that You 88 shall also become a Licensor) provided that You: 89 90 a) retain Notices as required in subsection 3.2; and 91 92 b) add a Notice to the modified Covered Source stating that You 93 have modified it, with the date and brief description of how 94 You have modified it. 95 96 3.4 You may Convey Covered Source or modified Covered Source under 97 licence terms which differ from the terms of this Licence 98 provided that You: 99 100 a) comply at all times with subsection 3.3; and 101 102 b) provide a copy of this Licence to anyone to whom You 103 Convey Covered Source or modified Covered Source. 104 105 106 4 Making and Conveying Products 107 108 You may Make Products, and/or Convey them, provided that You ensure 109 that the recipient of the Product has access to any Notices applicable 110 to the Product. 111 112 113 5 DISCLAIMER AND LIABILITY 114 115 5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products 116 are provided 'as is' and any express or implied warranties, 117 including, but not limited to, implied warranties of 118 merchantability, of satisfactory quality, non-infringement of 119 third party rights, and fitness for a particular purpose or use 120 are disclaimed in respect of any Source or Product to the 121 maximum extent permitted by law. The Licensor makes no 122 representation that any Source or Product does not or will not 123 infringe any patent, copyright, trade secret or other 124 proprietary right. The entire risk as to the use, quality, and 125 performance of any Source or Product shall be with You and not 126 the Licensor. This disclaimer of warranty is an essential part 127 of this Licence and a condition for the grant of any rights 128 granted under this Licence. 129 130 5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to 131 the maximum extent permitted by law, have no liability for 132 direct, indirect, special, incidental, consequential, exemplary, 133 punitive or other damages of any character including, without 134 limitation, procurement of substitute goods or services, loss of 135 use, data or profits, or business interruption, however caused 136 and on any theory of contract, warranty, tort (including 137 negligence), product liability or otherwise, arising in any way 138 in relation to the Covered Source, modified Covered Source 139 and/or the Making or Conveyance of a Product, even if advised of 140 the possibility of such damages, and You shall hold the 141 Licensor(s) free and harmless from any liability, costs, 142 damages, fees and expenses, including claims by third parties, 143 in relation to such use. 144 145 146 6 Patents 147 148 6.1 Subject to the terms and conditions of this Licence, each 149 Licensor hereby grants to You a perpetual, worldwide, 150 non-exclusive, no-charge, royalty-free, irrevocable (except as 151 stated in this section 6, or where terminated by the Licensor 152 for cause) patent licence to Make, have Made, use, offer to 153 sell, sell, import, and otherwise transfer the Covered Source 154 and Products, where such licence applies only to those patent 155 claims licensable by such Licensor that are necessarily 156 infringed by exercising rights under the Covered Source as 157 Conveyed by that Licensor. 158 159 6.2 If You institute patent litigation against any entity (including 160 a cross-claim or counterclaim in a lawsuit) alleging that the 161 Covered Source or a Product constitutes direct or contributory 162 patent infringement, or You seek any declaration that a patent 163 licensed to You under this Licence is invalid or unenforceable 164 then any rights granted to You under this Licence shall 165 terminate as of the date such process is initiated. 166 167 168 7 General 169 170 7.1 If any provisions of this Licence are or subsequently become 171 invalid or unenforceable for any reason, the remaining 172 provisions shall remain effective. 173 174 7.2 You shall not use any of the name (including acronyms and 175 abbreviations), image, or logo by which the Licensor or CERN is 176 known, except where needed to comply with section 3, or where 177 the use is otherwise allowed by law. Any such permitted use 178 shall be factual and shall not be made so as to suggest any kind 179 of endorsement or implication of involvement by the Licensor or 180 its personnel. 181 182 7.3 CERN may publish updated versions and variants of this Licence 183 which it considers to be in the spirit of this version, but may 184 differ in detail to address new problems or concerns. New 185 versions will be published with a unique version number and a 186 variant identifier specifying the variant. If the Licensor has 187 specified that a given variant applies to the Covered Source 188 without specifying a version, You may treat that Covered Source 189 as being released under any version of the CERN-OHL with that 190 variant. If no variant is specified, the Covered Source shall be 191 treated as being released under CERN-OHL-S. The Licensor may 192 also specify that the Covered Source is subject to a specific 193 version of the CERN-OHL or any later version in which case You 194 may apply this or any later version of CERN-OHL with the same 195 variant identifier published by CERN. 196 197 7.4 This Licence shall not be enforceable except by a Licensor 198 acting as such, and third party beneficiary rights are 199 specifically excluded.