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| 1 | +CERN OHL v1.1 |
| 2 | + |
| 3 | +2011-07-08 - CERN, Geneva, Switzerland |
| 4 | + |
| 5 | +CERN Open Hardware Licence v1.1 |
| 6 | + |
| 7 | +Preamble |
| 8 | + |
| 9 | +Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the Organization |
| 10 | +wishes to disseminate its hardware designs (as published on http://www.ohwr.org/) |
| 11 | +as widely as possible, and generally to foster collaboration among public |
| 12 | +research hardware designers. The CERN OHL is copyright of CERN. Anyone is |
| 13 | +welcome to use the CERN OHL, in unmodified form only, for the distribution |
| 14 | +of his own Open Hardware designs. Any other right is reserved. |
| 15 | + |
| 16 | +1. Definitions |
| 17 | + |
| 18 | +In this Licence, the following terms have the following meanings: |
| 19 | + |
| 20 | +"Licence" means this CERN OHL. |
| 21 | + |
| 22 | +"Documentation" means schematic diagrams, designs, circuit or circuit board |
| 23 | +layouts, mechanical drawings, flow charts and descriptive text, and other |
| 24 | +explanatory material that is explicitly stated as being made available under |
| 25 | +the conditions of this Licence. The Documentation may be in any medium, including |
| 26 | +but not limited to computer files and representations on paper, film, or any |
| 27 | +other media. |
| 28 | + |
| 29 | +"Product" means either an entire, or any part of a, device built using the |
| 30 | +Documentation or the modified Documentation. |
| 31 | + |
| 32 | +"Licensee" means any natural or legal person exercising rights under this |
| 33 | +Licence. |
| 34 | + |
| 35 | +"Licensor" means any natural or legal person that creates or modifies Documentation |
| 36 | +and subsequently communicates to the public and/ or distributes the resulting |
| 37 | +Documentation under the terms and conditions of this Licence. |
| 38 | + |
| 39 | +A Licensee may at the same time be a Licensor, and vice versa. |
| 40 | + |
| 41 | + |
| 42 | + |
| 43 | +2. Applicability |
| 44 | + |
| 45 | +2.1 This Licence governs the use, copying, modification, communication to |
| 46 | +the public and distribution of the Documentation, and the manufacture and |
| 47 | +distribution of Products. By exercising any right granted under this Licence, |
| 48 | +the Licensee irrevocably accepts these terms and conditions. |
| 49 | + |
| 50 | +2.2 This Licence is granted by the Licensor directly to the Licensee, and |
| 51 | +shall apply worldwide and without limitation in time. The Licensee may assign |
| 52 | +his licence rights or grant sub-licences. |
| 53 | + |
| 54 | +2.3 This Licence does not apply to software, firmware, or code loaded into |
| 55 | +programmable devices which may be used in conjunction with the Documentation, |
| 56 | +the modified Documentation or with Products. The use of such software, firmware, |
| 57 | +or code is subject to the applicable licence terms and conditions. |
| 58 | + |
| 59 | +3. Copying, modification, communication to the public and distribution of |
| 60 | +the Documentation |
| 61 | + |
| 62 | +3.1 The Licensee shall keep intact all copyright and trademarks notices and |
| 63 | +all notices that refer to this Licence and to the disclaimer of warranties |
| 64 | +that is included in the Documentation. He shall include a copy thereof in |
| 65 | +every copy of the documentation or, as the case may be, modified Documentation, |
| 66 | +that he communicates to the public or distributes. |
| 67 | + |
| 68 | +3.2 The Licensee may use, copy, communicate to the public and distribute verbatim |
| 69 | +copies of the Documentation, in any medium, subject to the requirements specified |
| 70 | +in section 3.1. |
| 71 | + |
| 72 | +3.3 The Licensee may modify the Documentation or any portion thereof. The |
| 73 | +Licensee may communicate to the public and distribute the modified Documentation |
| 74 | +(thereby in addition to being a Licensee also becoming a Licensor), always |
| 75 | +provided that he shall: |
| 76 | + |
| 77 | + a. comply with section 3.1; |
| 78 | + |
| 79 | +b. cause the modified Documentation to carry prominent notices stating that |
| 80 | +the Licensee has modified the Documentation, with the date and details of |
| 81 | +the modifications; |
| 82 | + |
| 83 | +c. license the modified Documentation under the terms and conditions of this |
| 84 | +Licence or, where applicable, a later version of this Licence as may be issued |
| 85 | +by CERN; and |
| 86 | + |
| 87 | +d. send a copy of the modified Documentation to all Licensors that contributed |
| 88 | +to the parts of the Documentation that were modified, as well as to any other |
| 89 | +Licensor who has requested to receive a copy of the modified Documentation |
| 90 | +and has provided a means of contact with the Documentation. |
| 91 | + |
| 92 | +3.4 The Licence includes a licence to those patents or registered designs |
| 93 | +that are held by the Licensor, to the extent necessary to make use of the |
| 94 | +rights granted under this Licence. The scope of this section 3.4 shall be |
| 95 | +strictly limited to the parts of the Documentation or modified Documentation |
| 96 | +created by the Licensor. |
| 97 | + |
| 98 | +4. Manufacture and distribution of Products |
| 99 | + |
| 100 | +4.1 The Licensee may manufacture or distribute Products always provided that |
| 101 | +the Licensee distributes to each recipient of such Products a copy of the |
| 102 | +Documentation or modified Documentation, as applicable, and complies with |
| 103 | +section 3. |
| 104 | + |
| 105 | +4.2 The Licensee is invited to inform in writing any Licensor who has indicated |
| 106 | +its wish to receive this information about the type, quantity and dates of |
| 107 | +production of Products the Licensee has (had) manufactured. |
| 108 | + |
| 109 | +5. Warranty and liability |
| 110 | + |
| 111 | +5.1 DISCLAIMER – The Documentation and any modified Documentation are provided |
| 112 | +"as is" and any express or implied warranties, including, but not limited |
| 113 | +to, implied warranties of merchantability, of satisfactory quality, and fitness |
| 114 | +for a particular purpose or use are disclaimed in respect of the Documentation, |
| 115 | +the modified Documentation or any Product. The Licensor makes no representation |
| 116 | +that the Documentation, modified Documentation, or any Product, does or will |
| 117 | +not infringe any patent, copyright, trade secret or other proprietary right. |
| 118 | +The entire risk as to the use, quality, and performance of a Product shall |
| 119 | +be with the Licensee and not the Licensor. This disclaimer of warranty is |
| 120 | +an essential part of this Licence and a condition for the grant of any rights |
| 121 | +granted under this Licence. The Licensee warrants that it does not act in |
| 122 | +a consumer capacity. |
| 123 | + |
| 124 | +5.2 LIMITATION OF LIABILITY – The Licensor shall have no liability for direct, |
| 125 | +indirect, special, incidental, consequential, exemplary, punitive or other |
| 126 | +damages of any character including, without limitation, procurement of substitute |
| 127 | +goods or services, loss of use, data or profits, or business interruption, |
| 128 | +however caused and on any theory of contract, warranty, tort (including negligence), |
| 129 | +product liability or otherwise, arising in any way in relation to the Documentation, |
| 130 | +modified Documentation and/or the use, manufacture or distribution of a Product, |
| 131 | +even if advised of the possibility of such damages, and the Licensee shall |
| 132 | +hold the Licensor(s) free and harmless from any liability, costs, damages, |
| 133 | +fees and expenses, including claims by third parties, in relation to such |
| 134 | +use. |
| 135 | + |
| 136 | +6. General |
| 137 | + |
| 138 | +6.1 The rights granted under this Licence do not imply or represent any transfer |
| 139 | +or assignment of intellectual property rights to the Licensee. |
| 140 | + |
| 141 | +6.2 The Licensee shall not use or make reference to any of the names, acronyms, |
| 142 | +images or logos under which the Licensor is known, save in so far as required |
| 143 | +to comply with section 3. Any such permitted use or reference shall be factual |
| 144 | +and shall in no event suggest any kind of endorsement by the Licensor or its |
| 145 | +personnel of the modified Documentation or any Product, or any kind of implication |
| 146 | +by the Licensor or its personnel in the preparation of the modified Documentation |
| 147 | +or Product. |
| 148 | + |
| 149 | +6.3 CERN may publish updated versions of this Licence which retain the same |
| 150 | +general provisions as this version, but differ in detail so far this is required |
| 151 | +and reasonable. New versions will be published with a unique version number. |
| 152 | + |
| 153 | +6.4 This Licence shall terminate with immediate effect, upon written notice |
| 154 | +and without involvement of a court if the Licensee fails to comply with any |
| 155 | +of its terms and conditions, or if the Licensee initiates legal action against |
| 156 | +Licensor in relation to this Licence. Section 5 shall continue to apply. |
| 157 | + |
| 158 | +6.5 Except as may be otherwise agreed with the Intergovernmental Organization, |
| 159 | +any dispute with respect to this Licence involving an Intergovernmental Organization |
| 160 | +shall, by virtue of the latter's Intergovernmental status, be settled by international |
| 161 | +arbitration. The arbitration proceedings shall be held at the place where |
| 162 | +the Intergovernmental Organization has its seat. The arbitral award shall |
| 163 | +be final and binding upon the parties, who hereby expressly agree to renounce |
| 164 | +any form of appeal or revision. |
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