mirror of
https://github.com/go-gitea/gitea
synced 2024-08-20 06:11:16 +02:00
182 lines
9.0 KiB
Groff
182 lines
9.0 KiB
Groff
CERN OHL v1.2
|
||
|
||
2013-09-06 - CERN, Geneva, Switzerland
|
||
|
||
CERN Open Hardware Licence v1.2
|
||
|
||
Preamble
|
||
|
||
Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN wishes
|
||
to provide a tool to foster collaboration and sharing among hardware designers.
|
||
The CERN OHL is copyright CERN. Anyone is welcome to use the CERN OHL, in
|
||
unmodified form only, for the distribution of their own Open Hardware designs.
|
||
Any other right is reserved. Release of hardware designs under the CERN OHL
|
||
does not constitute an endorsement of the licensor or its designs nor does
|
||
it imply any involvement by CERN in the development of such designs.
|
||
|
||
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.
|
||
|
||
"Documentation Location" means a location where the Licensor has placed Documentation,
|
||
and which he believes will be publicly accessible for at least three years
|
||
from the first communication to the public or distribution of Documentation.
|
||
|
||
"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.
|
||
|
||
Use of the masculine gender includes the feminine and neuter genders and is
|
||
employed solely to facilitate reading.
|
||
|
||
|
||
|
||
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 extend to software, firmware, or code loaded into
|
||
programmable devices which may be used in conjunction with the Documentation,
|
||
the modified Documentation or with Products, unless such software, firmware,
|
||
or code is explicitly expressed to be subject to this Licence. The use of
|
||
such software, firmware, or code is otherwise 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,
|
||
all notices referring to Documentation Location, and all notices that refer
|
||
to this Licence and to the disclaimer of warranties that are 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 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 provided
|
||
that upon modification of the Documentation, the Licensee shall make the modified
|
||
Documentation available from a Documentation Location such that it can be
|
||
easily located by an original Licensor once the Licensee communicates to the
|
||
public or distributes the modified Documentation under section 3.4, and, where
|
||
required by section 4.1, by a recipient of a Product. However, the Licensor
|
||
shall not assert his rights under the foregoing proviso unless or until a
|
||
Product is distributed.
|
||
|
||
3.4. 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 description
|
||
of the modifications;
|
||
|
||
c) cause the modified Documentation to carry a new Documentation Location
|
||
notice if the original Documentation provided for one;
|
||
|
||
d) make available the modified Documentation at the same level of abstraction
|
||
as that of the Documentation, in the preferred format for making modifications
|
||
to it (e.g. the native format of the CAD tool as applicable), and in the event
|
||
that format is proprietary, in a format viewable with a tool licensed under
|
||
an OSI-approved license if the proprietary tool can create it; and
|
||
|
||
e) 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.
|
||
|
||
3.5. The Licence includes a non-exclusive licence to those patents or registered
|
||
designs that are held by, under the control of, or sub-licensable by the Licensor,
|
||
to the extent necessary to make use of the rights granted under this Licence.
|
||
The scope of this section 3.5 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,
|
||
where such manufacture or distribution requires a licence under this Licence
|
||
the Licensee provides to each recipient of such Products an easy means of
|
||
accessing a copy of the Documentation or modified Documentation, as applicable,
|
||
as set out in section 3.
|
||
|
||
4.2. The Licensee is invited to inform any Licensor who has indicated his
|
||
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, non-infringement
|
||
of third party rights, 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. Except for the rights explicitly granted hereunder, this Licence does
|
||
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 (including
|
||
acronyms and abbreviations), 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.
|