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LICENSE-OHL-P
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LICENSE-OHL-P
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CERN Open Hardware Licence Version 2 - Permissive
Preamble
CERN has developed this licence to promote collaboration among hardware
designers and to provide a legal tool which supports the freedom to use,
study, modify, share and distribute hardware designs and products based on
those designs. Version 2 of the CERN Open Hardware Licence comes in three
variants: this licence, CERN-OHL-P (permissive); and two reciprocal licences:
CERN-OHL-W (weakly reciprocal) and CERN-OHL-S (strongly reciprocal).
The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.
Use of this Licence does not imply any endorsement by CERN of any Licensor or
their designs nor does it imply any involvement by CERN in their development.
1 Definitions
1.1 'Licence' means this CERN-OHL-P.
1.2 'Source' means information such as design materials or digital code
which can be applied to Make or test a Product or to prepare a Product
for use, Conveyance or sale, regardless of its medium or how it is
expressed. It may include Notices.
1.3 'Covered Source' means Source that is explicitly made available under
this Licence.
1.4 'Product' means any device, component, work or physical object, whether
in finished or intermediate form, arising from the use, application or
processing of Covered Source.
1.5 'Make' means to create or configure something, whether by manufacture,
assembly, compiling, loading or applying Covered Source or another
Product or otherwise.
1.6 'Notice' means copyright, acknowledgement and trademark notices,
references to the location of any Notices, modification notices
(subsection 3.3(b)) and all notices that refer to this Licence and to
the disclaimer of warranties that are included in the Covered Source.
1.7 'Licensee' or 'You' means any person exercising rights under this
Licence.
1.8 'Licensor' means a person who creates Source or modifies Covered Source
and subsequently Conveys the resulting Covered Source under the terms
and conditions of this Licence. A person may be a Licensee and a
Licensor at the same time.
1.9 'Convey' means to communicate to the public or distribute.
2 Applicability
2.1 This Licence governs the use, copying, modification, Conveying of
Covered Source and Products, and the Making of Products. By exercising
any right granted under this Licence, You irrevocably accept these terms
and conditions.
2.2 This Licence is granted by the Licensor directly to You, and shall apply
worldwide and without limitation in time.
2.3 You shall not attempt to restrict by contract or otherwise the rights
granted under this Licence to other Licensees.
2.4 This Licence is not intended to restrict fair use, fair dealing, or any
other similar right.
3 Copying, Modifying and Conveying Covered Source
3.1 You may copy and Convey verbatim copies of Covered Source, in any
medium, provided You retain all Notices.
3.2 You may modify Covered Source, other than Notices.
You may only delete Notices if they are no longer applicable to the
corresponding Covered Source as modified by You and You may add
additional Notices applicable to Your modifications.
3.3 You may Convey modified Covered Source (with the effect that You shall
also become a Licensor) provided that You:
a) retain Notices as required in subsection 3.2; and
b) add a Notice to the modified Covered Source stating that You have
modified it, with the date and brief description of how You have
modified it.
3.4 You may Convey Covered Source or modified Covered Source under licence
terms which differ from the terms of this Licence provided that You:
a) comply at all times with subsection 3.3; and
b) provide a copy of this Licence to anyone to whom You Convey Covered
Source or modified Covered Source.
4 Making and Conveying Products
You may Make Products, and/or Convey them, provided that You ensure that the
recipient of the Product has access to any Notices applicable to the Product.
5 DISCLAIMER AND LIABILITY
5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are
provided 'as is' and any express or implied warranties, including, but
not limited to, implied warranties of merchantability, of satisfactory
quality, non-infringement of third party rights, and fitness for a
particular purpose or use are disclaimed in respect of any Source or
Product to the maximum extent permitted by law. The Licensor makes no
representation that any Source or Product does not or will not infringe
any patent, copyright, trade secret or other proprietary right. The
entire risk as to the use, quality, and performance of any Source or
Product shall be with You and not the Licensor. This disclaimer of
warranty is an essential part of this Licence and a condition for the
grant of any rights granted under this Licence.
5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the
maximum extent permitted by law, have no liability for direct, indirect,
special, incidental, consequential, exemplary, punitive or other damages
of any character including, without limitation, procurement of
substitute goods or services, loss of use, data or profits, or business
interruption, however caused and on any theory of contract, warranty,
tort (including negligence), product liability or otherwise, arising in
any way in relation to the Covered Source, modified Covered Source
and/or the Making or Conveyance of a Product, even if advised of the
possibility of such damages, and You shall hold the Licensor(s) free and
harmless from any liability, costs, damages, fees and expenses,
including claims by third parties, in relation to such use.
6 Patents
6.1 Subject to the terms and conditions of this Licence, each Licensor
hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as stated in this section 6, or where
terminated by the Licensor for cause) patent licence to Make, have Made,
use, offer to sell, sell, import, and otherwise transfer the Covered
Source and Products, where such licence applies only to those patent
claims licensable by such Licensor that are necessarily infringed by
exercising rights under the Covered Source as Conveyed by that Licensor.
6.2 If You institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Covered
Source or a Product constitutes direct or contributory patent
infringement, or You seek any declaration that a patent licensed to You
under this Licence is invalid or unenforceable then any rights granted
to You under this Licence shall terminate as of the date such process is
initiated.
7 General
7.1 If any provisions of this Licence are or subsequently become invalid or
unenforceable for any reason, the remaining provisions shall remain
effective.
7.2 You shall not use any of the name (including acronyms and
abbreviations), image, or logo by which the Licensor or CERN is known,
except where needed to comply with section 3, or where the use is
otherwise allowed by law. Any such permitted use shall be factual and
shall not be made so as to suggest any kind of endorsement or
implication of involvement by the Licensor or its personnel.
7.3 CERN may publish updated versions and variants of this Licence which it
considers to be in the spirit of this version, but may differ in detail
to address new problems or concerns. New versions will be published with
a unique version number and a variant identifier specifying the variant.
If the Licensor has specified that a given variant applies to the
Covered Source without specifying a version, You may treat that Covered
Source as being released under any version of the CERN-OHL with that
variant. If no variant is specified, the Covered Source shall be treated
as being released under CERN-OHL-S. The Licensor may also specify that
the Covered Source is subject to a specific version of the CERN-OHL or
any later version in which case You may apply this or any later version
of CERN-OHL with the same variant identifier published by CERN.
7.4 This Licence shall not be enforceable except by a Licensor acting as
such, and third party beneficiary rights are specifically excluded.