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CERN OPEN HARDWARE LICENCE v1.1
Copyright 2012 Adafruit Industries, LLC
Licensed under CERN OHL v.1.1
http://ohwr.org/cernohl
CERN OPEN HARDWARE LICENCE v1.1
Preamble
Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the
Organization wishes to disseminate its hardware designs (as published
on http://www.ohwr.org/) as widely as possible, and generally to
foster collaboration among public research hardware designers. The
CERN OHL is copyright of CERN. Anyone is welcome to use the CERN OHL,
in unmodified form only, for the distribution of his own Open Hardware
designs. Any other right is reserved.
1. Definitions
In this Licence, the following terms have the following meanings:
“Licence” means this CERN OHL.
“Documentation” means schematic diagrams, designs, circuit or circuit
board layouts, mechanical drawings, flow charts and descriptive text,
and other explanatory material that is explicitly stated as being made
available under the conditions of this Licence. The Documentation may
be in any medium, including but not limited to computer files and
representations on paper, film, or any other media.
“Product” means either an entire, or any part of a, device built using
the Documentation or the modified Documentation.
“Licensee” means any natural or legal person exercising rights under
this Licence.
“Licensor” means any natural or legal person that creates or modifies
Documentation and subsequently communicates to the public and/ or
distributes the resulting Documentation under the terms and conditions
of this Licence.
A Licensee may at the same time be a Licensor, and vice versa.
2. Applicability
2.1 This Licence governs the use, copying, modification, communication
to the public and distribution of the Documentation, and the
manufacture and distribution of Products. By exercising any right
granted under this Licence, the Licensee irrevocably accepts these
terms and conditions.
2.2 This Licence is granted by the Licensor directly to the Licensee,
and shall apply worldwide and without limitation in time. The Licensee
may assign his licence rights or grant sub-licences.
2.3 This Licence does not apply to software, firmware, or code loaded
into programmable devices which may be used in conjunction with the
Documentation, the modified Documentation or with Products. The use of
such software, firmware, or code is subject to the applicable licence
terms and conditions.
3. Copying, modification, communication to the public and distribution
of the Documentation
3.1 The Licensee shall keep intact all copyright and trademarks
notices and all notices that refer to this Licence and to the
disclaimer of warranties that is included in the Documentation. He
shall include a copy thereof in every copy of the Documentation or, as
the case may be, modified Documentation, that he communicates to the
public or distributes.
3.2 The Licensee may use, copy, communicate to the public and
distribute verbatim copies of the Documentation, in any medium,
subject to the requirements specified in section 3.1.
3.3 The Licensee may modify the Documentation or any portion
thereof. The Licensee may communicate to the public and distribute the
modified Documentation (thereby in addition to being a Licensee also
becoming a Licensor), always provided that he shall:
a. comply with section 3.1;
b. cause the modified Documentation to carry prominent notices stating
that the Licensee has modified the Documentation, with the date and
details of the modifications;
c. license the modified Documentation under the terms and conditions
of this Licence or, where applicable, a later version of this Licence
as may be issued by CERN; and
d. send a copy of the modified Documentation to all Licensors that
contributed to the parts of the Documentation that were modified, as
well as to any other Licensor who has requested to receive a copy of
the modified Documentation and has provided a means of contact with
the Documentation.
3.4 The Licence includes a licence to those patents or registered
designs that are held by the Licensor, to the extent necessary to make
use of the rights granted under this Licence. The scope of this
section 3.4 shall be strictly limited to the parts of the
Documentation or modified Documentation created by the Licensor.
4. Manufacture and distribution of Products
4.1 The Licensee may manufacture or distribute Products always
provided that the Licensee distributes to each recipient of such
Products a copy of the Documentation or modified Documentation, as
applicable, and complies with section 3.
4.2 The Licensee is invited to inform in writing any Licensor who has
indicated its wish to receive this information about the type,
quantity and dates of production of Products the Licensee has (had)
manufactured.
5. Warranty and liability
5.1 DISCLAIMER – The Documentation and any modified Documentation are
provided "as is" and any express or implied warranties, including, but
not limited to, implied warranties of merchantability, of satisfactory
quality, and fitness for a particular purpose or use are disclaimed in
respect of the Documentation, the modified Documentation or any
Product. The Licensor makes no representation that the Documentation,
modified Documentation, or any Product, does or will not infringe any
patent, copyright, trade secret or other proprietary right. The entire
risk as to the use, quality, and performance of a Product shall be
with the Licensee 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. The Licensee warrants that it does
not act in a consumer capacity.
5.2 LIMITATION OF LIABILITY – The Licensor shall 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
Documentation, modified Documentation and/or the use, manufacture or
distribution of a Product, even if advised of the possibility of such
damages, and the Licensee 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. General
6.1 The rights granted under this Licence do not imply or represent
any transfer or assignment of intellectual property rights to the
Licensee.
6.2 The Licensee shall not use or make reference to any of the names,
acronyms, images or logos under which the Licensor is known, save in
so far as required to comply with section 3. Any such permitted use or
reference shall be factual and shall in no event suggest any kind of
endorsement by the Licensor or its personnel of the modified
Documentation or any Product, or any kind of implication by the
Licensor or its personnel in the preparation of the modified
Documentation or Product.
6.3 CERN may publish updated versions of this Licence which retain the
same general provisions as this version, but differ in detail so far
this is required and reasonable. New versions will be published with a
unique version number.
6.4 This Licence shall terminate with immediate effect, upon written
notice and without involvement of a court if the Licensee fails to
comply with any of its terms and conditions, or if the Licensee
initiates legal action against Licensor in relation to this
Licence. Section 5 shall continue to apply.
6.5 Except as may be otherwise agreed with the Intergovernmental
Organization, any dispute with respect to this Licence involving an
Intergovernmental Organization shall, by virtue of the latter's
Intergovernmental status, be settled by international arbitration. The
arbitration proceedings shall be held at the place where the
Intergovernmental Organization has its seat. The arbitral award shall
be final and binding upon the parties, who hereby expressly agree to
renounce any form of appeal or revision.