1r#"The TAPR Open Hardware License 2Version 1.0 (May 25, 2007) 3Copyright 2007 TAPR - http://www.tapr.org/OHL 4 5PREAMBLE 6 7Open Hardware is a thing - a physical artifact, either electrical or 8mechanical - whose design information is available to, and usable by, 9the public in a way that allows anyone to make, modify, distribute, and 10use that thing. In this preface, design information is called 11"documentation" and things created from it are called "products." 12 13The TAPR Open Hardware License ("OHL") agreement provides a legal 14framework for Open Hardware projects. It may be used for any kind of 15product, be it a hammer or a computer motherboard, and is TAPR's 16contribution to the community; anyone may use the OHL for their Open 17Hardware project. 18 19Like the GNU General Public License, the OHL is designed to guarantee 20your freedom to share and to create. It forbids anyone who receives 21rights under the OHL to deny any other licensee those same rights to 22copy, modify, and distribute documentation, and to make, use and 23distribute products based on that documentation. 24 25Unlike the GPL, the OHL is not primarily a copyright license. While 26copyright protects documentation from unauthorized copying, modification, 27and distribution, it has little to do with your right to make, distribute, 28or use a product based on that documentation. For better or worse, patents 29play a significant role in those activities. Although it does not prohibit 30anyone from patenting inventions embodied in an Open Hardware design, and 31of course cannot prevent a third party from enforcing their patent rights, 32those who benefit from an OHL design may not bring lawsuits claiming that 33design infringes their patents or other intellectual property. 34 35The OHL addresses unique issues involved in the creation of tangible, 36physical things, but does not cover software, firmware, or code loaded 37into programmable devices. A copyright-oriented license such as the GPL 38better suits these creations. 39 40How can you use the OHL, or a design based upon it? While the terms and 41conditions below take precedence over this preamble, here is a summary: 42 43* You may modify the documentation and make products based upon it. 44 45* You may use products for any legal purpose without limitation. 46 47* You may distribute unmodified documentation, but you must include the 48complete package as you received it. 49 50* You may distribute products you make to third parties, if you either 51include the documentation on which the product is based, or make it 52available without charge for at least three years to anyone who requests 53it. 54 55* You may distribute modified documentation or products based on it, if 56you: 57 * License your modifications under the OHL. 58 * Include those modifications, following the requirements stated 59 below. 60 * Attempt to send the modified documentation by email to any of the 61 developers who have provided their email address. This is a good 62 faith obligation - if the email fails, you need do nothing more 63 and may go on with your distribution. 64 65* If you create a design that you want to license under the OHL, you 66should: 67 * Include this document in a file named LICENSE (with the appropriate 68 extension) that is included in the documentation package. 69 * If the file format allows, include a notice like "Licensed under 70 the TAPR Open Hardware License (www.tapr.org/OHL)" in each 71 documentation file. While not required, you should also include 72 this notice on printed circuit board artwork and the product 73 itself; if space is limited the notice can be shortened or 74 abbreviated. 75 * Include a copyright notice in each file and on printed circuit 76 board artwork. 77 * If you wish to be notified of modifications that others may make, 78 include your email address in a file named "CONTRIB.TXT" or 79 something similar. 80 81* Any time the OHL requires you to make documentation available to 82others, you must include all the materials you received from the 83upstream licensors. In addition, if you have modified the 84documentation: 85 * You must identify the modifications in a text file (preferably 86 named "CHANGES.TXT") that you include with the documentation. 87 That file must also include a statement like "These modifications 88 are licensed under the TAPR Open Hardware License." 89 * You must include any new files you created, including any 90 manufacturing files (such as Gerber files) you create in the 91 course of making products. 92 * You must include both "before" and "after" versions of all files 93 you modified. 94 * You may include files in proprietary formats, but you must also 95 include open format versions (such as Gerber, ASCII, Postscript, 96 or PDF) if your tools can create them. 97 98TERMS AND CONDITIONS 99 1001. Introduction 1011.1 This Agreement governs how you may use, copy, modify, and 102distribute Documentation, and how you may make, have made, and 103distribute Products based on that Documentation. As used in this 104Agreement, to "distribute" Documentation means to directly or indirectly 105make copies available to a third party, and to "distribute" Products 106means to directly or indirectly give, loan, sell or otherwise transfer 107them to a third party. 108 1091.2 "Documentation" includes: 110 (a) schematic diagrams; 111 (b) circuit or circuit board layouts, including Gerber and other 112 data files used for manufacture; 113 (c) mechanical drawings, including CAD, CAM, and other data files 114 used for manufacture; 115 (d) flow charts and descriptive text; and 116 (e) other explanatory material. 117Documentation may be in any tangible or intangible form of expression, 118including but not limited to computer files in open or proprietary 119formats and representations on paper, film, or other media. 120 1211.3 "Products" include: 122 (a) circuit boards, mechanical assemblies, and other physical parts 123 and components; 124 (b) assembled or partially assembled units (including components 125 and subassemblies); and 126 (c) parts and components combined into kits intended for assembly 127 by others; 128which are based in whole or in part on the Documentation. 129 1301.4 This Agreement applies to any Documentation which contains a 131notice stating it is subject to the TAPR Open Hardware License, and to 132all Products based in whole or in part on that Documentation. If 133Documentation is distributed in an archive (such as a "zip" file) which 134includes this document, all files in that archive are subject to this 135Agreement unless they are specifically excluded. Each person who 136contributes content to the Documentation is referred to in this 137Agreement as a "Licensor." 138 1391.5 By (a) using, copying, modifying, or distributing the 140Documentation, or (b) making or having Products made or distributing 141them, you accept this Agreement, agree to comply with its terms, and 142become a "Licensee." Any activity inconsistent with this Agreement will 143automatically terminate your rights under it (including the immunities 144from suit granted in Section 2), but the rights of others who have 145received Documentation, or have obtained Products, directly or 146indirectly from you will not be affected so long as they fully comply 147with it themselves. 148 1491.6 This Agreement does not apply to software, firmware, or code 150loaded into programmable devices which may be used in conjunction with 151Documentation or Products. Such software is subject to the license 152terms established by its copyright holder(s). 153 1542. Patents 1552.1 Each Licensor grants you, every other Licensee, and every 156possessor or user of Products a perpetual, worldwide, and royalty-free 157immunity from suit under any patent, patent application, or other 158intellectual property right which he or she controls, to the extent 159necessary to make, have made, possess, use, and distribute Products. 160This immunity does not extend to infringement arising from modifications 161subsequently made by others. 162 1632.2 If you make or have Products made, or distribute Documentation 164that you have modified, you grant every Licensor, every other Licensee, 165and every possessor or user of Products a perpetual, worldwide, and 166royalty-free immunity from suit under any patent, patent application, or 167other intellectual property right which you control, to the extent 168necessary to make, have made, possess, use, and distribute Products. 169This immunity does not extend to infringement arising from modifications 170subsequently made by others. 171 1722.3 To avoid doubt, providing Documentation to a third party for the 173sole purpose of having that party make Products on your behalf is not 174considered "distribution,"\" and a third party's act of making Products 175solely on your behalf does not cause that party to grant the immunity 176described in the preceding paragraph. 177 1782.4 These grants of immunity are a material part of this Agreement, 179and form a portion of the consideration given by each party to the 180other. If any court judgment or legal agreement prevents you from 181granting the immunity required by this Section, your rights under this 182Agreement will terminate and you may no longer use, copy, modify or 183distribute the Documentation, or make, have made, or distribute 184Products. 185 1863. Modifications 187You may modify the Documentation, and those modifications will become 188part of the Documentation. They are subject to this Agreement, as are 189Products based in whole or in part on them. If you distribute the 190modified Documentation, or Products based in whole or in part upon it, 191you must email the modified Documentation in a form compliant with 192Section 4 to each Licensor who has provided an email address with the 193Documentation. Attempting to send the email completes your obligations 194under this Section and you need take no further action if any address 195fails. 196 1974. Distributing Documentation 1984.1 You may distribute unmodified copies of the Documentation in its 199entirety in any medium, provided that you retain all copyright and other 200notices (including references to this Agreement) included by each 201Licensor, and include an unaltered copy of this Agreement. 2024.2 You may distribute modified copies of the Documentation if you 203comply with all the requirements of the preceding paragraph and: 204 (a) include a prominent notice in an ASCII or other open format 205 file identifying those elements of the Documentation that you 206 changed, and stating that the modifications are licensed under 207 the terms of this Agreement; 208 (b) include all new documentation files that you create, as well as 209 both the original and modified versions of each file you change 210 (files may be in your development tool's native file format, 211 but if reasonably possible, you must also include open format, 212 such as Gerber, ASCII, Postscript, or PDF, versions); 213 (c) do not change the terms of this Agreement with respect to 214 subsequent licensees; and 215 (d) if you make or have Products made, include in the Documentation 216 all elements reasonably required to permit others to make 217 Products, including Gerber, CAD/CAM and other files used for 218 manufacture. 219 2205. Making Products 2215.1 You may use the Documentation to make or have Products made, 222provided that each Product retains any notices included by the Licensor 223(including, but not limited to, copyright notices on circuit boards). 2245.2 You may distribute Products you make or have made, provided that 225you include with each unit a copy of the Documentation in a form 226consistent with Section 4. Alternatively, you may include either (i) an 227offer valid for at least three years to provide that Documentation, at 228no charge other than the reasonable cost of media and postage, to any 229person who requests it; or (ii) a URL where that Documentation may be 230downloaded, available for at least three years after you last distribute 231the Product. 232 2336. NEW LICENSE VERSIONS 234TAPR may publish updated versions of the OHL which retain the same 235general provisions as the present version, but differ in detail to 236address new problems or concerns, and carry a distinguishing version 237number. If the Documentation specifies a version number which applies 238to it and "any later version", you may choose either that version or any 239later version published by TAPR. If the Documentation does not specify 240a version number, you may choose any version ever published by TAPR. 241TAPR owns the copyright to the OHL, but grants permission to any person 242to copy, distribute, and use it in unmodified form. 243 2447. WARRANTY AND LIABILITY LIMITATIONS 2457.1 THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT 246WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL 247WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY 248WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 249TITLE, ARE HEREBY EXPRESSLY DISCLAIMED. 2507.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR 251BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, 252INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF 253THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS, 254INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY 255INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE 256POSSIBILITY OF SUCH DAMAGES. 2577.3 You agree that the foregoing limitations are reasonable due to 258the non-financial nature of the transaction represented by this 259Agreement, and acknowledge that were it not for these limitations, the 260Licensor(s) would not be willing to make the Documentation available to 261you. 2627.4 You agree to defend, indemnify, and hold each Licensor harmless 263from any claim brought by a third party alleging any defect in the 264design, manufacture, or operation of any Product which you make, have 265made, or distribute pursuant to this Agreement. 266 #### 267"#