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:
a) You comply at all times with subsection 3.3; and
b) You 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 license 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.