1CERN Open Hardware Licence v1.2 2 3Preamble 4 5Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN 6wishes to provide a tool to foster collaboration and sharing among 7hardware designers. The CERN OHL is copyright CERN. Anyone is welcome 8to use the CERN OHL, in unmodified form only, for the distribution of 9their own Open Hardware designs. Any other right is reserved. Release 10of hardware designs under the CERN OHL does not constitute an 11endorsement of the licensor or its designs nor does it imply any 12involvement by CERN in the development of such designs. 13 141. Definitions 15 16In this Licence, the following terms have the following meanings: 17 18“Licence” means this CERN OHL. 19 20“Documentation” means schematic diagrams, designs, circuit or circuit 21board layouts, mechanical drawings, flow charts and descriptive text, 22and other explanatory material that is explicitly stated as being made 23available under the conditions of this Licence. The Documentation may 24be in any medium, including but not limited to computer files and 25representations on paper, film, or any other media. 26 27“Documentation Location” means a location where the Licensor has 28placed Documentation, and which he believes will be publicly 29accessible for at least three years from the first communication to 30the public or distribution of Documentation. 31 32“Product” means either an entire, or any part of a, device built using 33the Documentation or the modified Documentation. 34 35“Licensee” means any natural or legal person exercising rights under 36this Licence. 37 38“Licensor” means any natural or legal person that creates or modifies 39Documentation and subsequently communicates to the public and/ or 40distributes the resulting Documentation under the terms and conditions 41of this Licence. 42 43A Licensee may at the same time be a Licensor, and vice versa. 44 45Use of the masculine gender includes the feminine and neuter genders 46and is employed solely to facilitate reading. 47 482. Applicability 49 502.1. This Licence governs the use, copying, modification, 51communication to the public and distribution of the Documentation, and 52the manufacture and distribution of Products. By exercising any right 53granted under this Licence, the Licensee irrevocably accepts these 54terms and conditions. 55 562.2. This Licence is granted by the Licensor directly to the Licensee, 57and shall apply worldwide and without limitation in time. The Licensee 58may assign his licence rights or grant sub-licences. 59 602.3. This Licence does not extend to software, firmware, or code 61loaded into programmable devices which may be used in conjunction with 62the Documentation, the modified Documentation or with Products, unless 63such software, firmware, or code is explicitly expressed to be subject 64to this Licence. The use of such software, firmware, or code is 65otherwise subject to the applicable licence terms and conditions. 66 673. Copying, modification, communication to the public and distribution 68of the Documentation 69 703.1. The Licensee shall keep intact all copyright and trademarks 71notices, all notices referring to Documentation Location, and all 72notices that refer to this Licence and to the disclaimer of warranties 73that are included in the Documentation. He shall include a copy 74thereof in every copy of the Documentation or, as the case may be, 75modified Documentation, that he communicates to the public or 76distributes. 77 783.2. The Licensee may copy, communicate to the public and distribute 79verbatim copies of the Documentation, in any medium, subject to the 80requirements specified in section 3.1. 81 823.3. The Licensee may modify the Documentation or any portion thereof 83provided that upon modification of the Documentation, the Licensee 84shall make the modified Documentation available from a Documentation 85Location such that it can be easily located by an original Licensor 86once the Licensee communicates to the public or distributes the 87modified Documentation under section 3.4, and, where required by 88section 4.1, by a recipient of a Product. However, the Licensor shall 89not assert his rights under the foregoing proviso unless or until a 90Product is distributed. 91 923.4. The Licensee may communicate to the public and distribute the 93modified Documentation (thereby in addition to being a Licensee also 94becoming a Licensor), always provided that he shall: 95 96a) comply with section 3.1; 97 98b) cause the modified Documentation to carry prominent notices stating 99that the Licensee has modified the Documentation, with the date and 100description of the modifications; 101 102c) cause the modified Documentation to carry a new Documentation 103Location notice if the original Documentation provided for one; 104 105d) make available the modified Documentation at the same level of 106abstraction as that of the Documentation, in the preferred format for 107making modifications to it (e.g. the native format of the CAD tool as 108applicable), and in the event that format is proprietary, in a format 109viewable with a tool licensed under an OSI-approved license if the 110proprietary tool can create it; and 111 112e) license the modified Documentation under the terms and conditions 113of this Licence or, where applicable, a later version of this Licence 114as may be issued by CERN. 115 1163.5. The Licence includes a non-exclusive licence to those patents or 117registered designs that are held by, under the control of, or 118sub-licensable by the Licensor, to the extent necessary to make use of 119the rights granted under this Licence. The scope of this section 3.5 120shall be strictly limited to the parts of the Documentation or 121modified Documentation created by the Licensor. 122 1234. Manufacture and distribution of Products 124 1254.1. The Licensee may manufacture or distribute Products always 126provided that, where such manufacture or distribution requires a 127licence under this Licence the Licensee provides to each recipient of 128such Products an easy means of accessing a copy of the Documentation 129or modified Documentation, as applicable, as set out in section 3. 130 1314.2. The Licensee is invited to inform any Licensor who has indicated 132his wish to receive this information about the type, quantity and 133dates of production of Products the Licensee has (had) manufactured 134 1355. Warranty and liability 136 1375.1. DISCLAIMER – The Documentation and any modified Documentation are 138provided "as is" and any express or implied warranties, including, but 139not limited to, implied warranties of merchantability, of satisfactory 140quality, non-infringement of third party rights, and fitness for a 141particular purpose or use are disclaimed in respect of the 142Documentation, the modified Documentation or any Product. The Licensor 143makes no representation that the Documentation, modified 144Documentation, or any Product, does or will not infringe any patent, 145copyright, trade secret or other proprietary right. The entire risk as 146to the use, quality, and performance of a Product shall be with the 147Licensee and not the Licensor. This disclaimer of warranty is an 148essential part of this Licence and a condition for the grant of any 149rights granted under this Licence. The Licensee warrants that it does 150not act in a consumer capacity. 151 1525.2. LIMITATION OF LIABILITY – The Licensor shall have no liability 153for direct, indirect, special, incidental, consequential, exemplary, 154punitive or other damages of any character including, without 155limitation, procurement of substitute goods or services, loss of use, 156data or profits, or business interruption, however caused and on any 157theory of contract, warranty, tort (including negligence), product 158liability or otherwise, arising in any way in relation to the 159Documentation, modified Documentation and/or the use, manufacture or 160distribution of a Product, even if advised of the possibility of such 161damages, and the Licensee shall hold the Licensor(s) free and harmless 162from any liability, costs, damages, fees and expenses, including 163claims by third parties, in relation to such use. 164 1656. General 166 1676.1. Except for the rights explicitly granted hereunder, this Licence 168does not imply or represent any transfer or assignment of intellectual 169property rights to the Licensee. 170 1716.2. The Licensee shall not use or make reference to any of the names 172(including acronyms and abbreviations), images, or logos under which 173the Licensor is known, save in so far as required to comply with 174section 3. Any such permitted use or reference shall be factual and 175shall in no event suggest any kind of endorsement by the Licensor or 176its personnel of the modified Documentation or any Product, or any 177kind of implication by the Licensor or its personnel in the 178preparation of the modified Documentation or Product. 179 1806.3. CERN may publish updated versions of this Licence which retain 181the same general provisions as this version, but differ in detail so 182far this is required and reasonable. New versions will be published 183with a unique version number. 184 1856.4. This Licence shall terminate with immediate effect, upon written 186notice and without involvement of a court if the Licensee fails to 187comply with any of its terms and conditions, or if the Licensee 188initiates legal action against Licensor in relation to this 189Licence. Section 5 shall continue to apply. 190