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authorMatthias P. Braendli <matthias.braendli@mpb.li>2020-07-08 11:28:13 +0200
committerMatthias P. Braendli <matthias.braendli@mpb.li>2020-07-08 11:28:13 +0200
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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:
+
+ 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.