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* Add make targed generate-license & generate-gitignore * Update Gitignores & Licenses Co-authored-by: techknowlogick <techknowlogick@gitea.io>
241 lines
12 KiB
Plaintext
241 lines
12 KiB
Plaintext
CERN Open Hardware Licence Version 2 - Strongly Reciprocal
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Preamble
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CERN has developed this licence to promote collaboration among hardware designers
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and to provide a legal tool which supports the freedom to use, study, modify,
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share and distribute hardware designs and products based on those designs.
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Version 2 of the CERN Open Hardware Licence comes in three variants: CERN-OHL-P
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(permissive); and two reciprocal licences: CERN-OHL-W (weakly reciprocal)
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and this licence, CERN-OHL-S (strongly reciprocal).
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The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in unmodified
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form only.
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Use of this Licence does not imply any endorsement by CERN of any Licensor
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or their designs nor does it imply any involvement by CERN in their development.
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1 Definitions
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1.1 'Licence' means this CERN-OHL-S.
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1.2 'Compatible Licence' means
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a) any earlier version of the CERN Open Hardware licence, or
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b) any version of the CERN-OHL-S, or
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c) any licence which permits You to treat the Source to which it applies as
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licensed under CERN-OHL-S provided that on Conveyance of any such Source,
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or any associated Product You treat the Source in question as being licensed
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under CERN-OHL-S.
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1.3 'Source' means information such as design materials or digital code which
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can be applied to Make or test a Product or to prepare a Product for use,
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Conveyance or sale, regardless of its medium or how it is expressed. It may
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include Notices.
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1.4 'Covered Source' means Source that is explicitly made available under
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this Licence.
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1.5 'Product' means any device, component, work or physical object, whether
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in finished or intermediate form, arising from the use, application or processing
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of Covered Source.
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1.6 'Make' means to create or configure something, whether by manufacture,
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assembly, compiling, loading or applying Covered Source or another Product
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or otherwise.
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1.7 'Available Component' means any part, sub-assembly, library or code which:
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a) is licensed to You as Complete Source under a Compatible Licence; or
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b) is available, at the time a Product or the Source containing it is first
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Conveyed, to You and any other prospective licensees
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i) as a physical part with sufficient rights and information (including any
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configuration and programming files and information about its characteristics
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and interfaces) to enable it either to be Made itself, or to be sourced and
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used to Make the Product; or
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ii) as part of the normal distribution of a tool used to design or Make the
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Product.
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1.8 'Complete Source' means the set of all Source necessary to Make a Product,
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in the preferred form for making modifications, including necessary installation
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and interfacing information both for the Product, and for any included Available
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Components. If the format is proprietary, it must also be made available in
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a format (if the proprietary tool can create it) which is viewable with a
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tool available to potential licensees and licensed under a licence approved
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by the Free Software Foundation or the Open Source Initiative. Complete Source
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need not include the Source of any Available Component, provided that You
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include in the Complete Source sufficient information to enable a recipient
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to Make or source and use the Available Component to Make the Product.
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1.9 'Source Location' means a location where a Licensor has placed Covered
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Source, and which that Licensor reasonably believes will remain easily accessible
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for at least three years for anyone to obtain a digital copy.
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1.10 'Notice' means copyright, acknowledgement and trademark notices, Source
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Location references, modification notices (subsection 3.3(b)) and all notices
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that refer to this Licence and to the disclaimer of warranties that are included
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in the Covered Source.
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1.11 'Licensee' or 'You' means any person exercising rights under this Licence.
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1.12 'Licensor' means a natural or legal person who creates or modifies Covered
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Source. A person may be a Licensee and a Licensor at the same time.
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1.13 'Convey' means to communicate to the public or distribute.
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2 Applicability
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2.1 This Licence governs the use, copying, modification, Conveying of Covered
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Source and Products, and the Making of Products. By exercising any right granted
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under this Licence, You irrevocably accept these terms and conditions.
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2.2 This Licence is granted by the Licensor directly to You, and shall apply
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worldwide and without limitation in time.
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2.3 You shall not attempt to restrict by contract or otherwise the rights
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granted under this Licence to other Licensees.
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2.4 This Licence is not intended to restrict fair use, fair dealing, or any
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other similar right.
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3 Copying, modifying and Conveying Covered Source
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3.1 You may copy and Convey verbatim copies of Covered Source, in any medium,
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provided You retain all Notices.
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3.2 You may modify Covered Source, other than Notices, provided that You irrevocably
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undertake to make that modified Covered Source available from a Source Location
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should You Convey a Product in circumstances where the recipient does not
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otherwise receive a copy of the modified Covered Source. In each case subsection
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3.3 shall apply.
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You may only delete Notices if they are no longer applicable to the corresponding
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Covered Source as modified by You and You may add additional Notices applicable
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to Your modifications. Including Covered Source in a larger work is modifying
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the Covered Source, and the larger work becomes modified Covered Source.
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3.3 You may Convey modified Covered Source (with the effect that You shall
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also become a Licensor) provided that You:
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a) retain Notices as required in subsection 3.2;
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b) add a Notice to the modified Covered Source stating that You have modified
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it, with the date and brief description of how You have modified it;
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c) add a Source Location Notice for the modified Covered Source if You Convey
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in circumstances where the recipient does not otherwise receive a copy of
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the modified Covered Source; and
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d) license the modified Covered Source under the terms and conditions of this
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Licence (or, as set out in subsection 8.3, a later version, if permitted by
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the licence of the original Covered Source). Such modified Covered Source
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must be licensed as a whole, but excluding Available Components contained
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in it, which remain licensed under their own applicable licences.
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4 Making and Conveying Products
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You may Make Products, and/or Convey them, provided that You either provide
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each recipient with a copy of the Complete Source or ensure that each recipient
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is notified of the Source Location of the Complete Source. That Complete Source
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is Covered Source, and You must accordingly satisfy Your obligations set out
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in subsection 3.3. If specified in a Notice, the Product must visibly and
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securely display the Source Location on it or its packaging or documentation
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in the manner specified in that Notice.
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5 Research and Development
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You may Convey Covered Source, modified Covered Source or Products to a legal
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entity carrying out development, testing or quality assurance work on Your
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behalf provided that the work is performed on terms which prevent the entity
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from both using the Source or Products for its own internal purposes and Conveying
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the Source or Products or any modifications to them to any person other than
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You. Any modifications made by the entity shall be deemed to be made by You
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pursuant to subsection 3.2.
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6 DISCLAIMER AND LIABILITY
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6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are provided
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'as is' and any express or implied warranties, including, but not limited
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to, implied warranties of merchantability, of satisfactory quality, non-infringement
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of third party rights, and fitness for a particular purpose or use are disclaimed
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in respect of any Source or Product to the maximum extent permitted by law.
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The Licensor makes no representation that any Source or Product does not or
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will not infringe any patent, copyright, trade secret or other proprietary
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right. The entire risk as to the use, quality, and performance of any Source
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or Product shall be with You and not the Licensor. This disclaimer of warranty
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is an essential part of this Licence and a condition for the grant of any
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rights granted under this Licence.
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6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the maximum
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extent permitted by law, have no liability for direct, indirect, special,
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incidental, consequential, exemplary, punitive or other damages of any character
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including, without limitation, procurement of substitute goods or services,
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loss of use, data or profits, or business interruption, however caused and
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on any theory of contract, warranty, tort (including negligence), product
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liability or otherwise, arising in any way in relation to the Covered Source,
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modified Covered Source and/or the Making or Conveyance of a Product, even
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if advised of the possibility of such damages, and You shall hold the Licensor(s)
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free and harmless from any liability, costs, damages, fees and expenses, including
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claims by third parties, in relation to such use.
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7 Patents
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7.1 Subject to the terms and conditions of this Licence, each Licensor hereby
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grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
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irrevocable (except as stated in subsections 7.2 and 8.4) patent license to
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Make, have Made, use, offer to sell, sell, import, and otherwise transfer
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the Covered Source and Products, where such licence applies only to those
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patent claims licensable by such Licensor that are necessarily infringed by
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exercising rights under the Covered Source as Conveyed by that Licensor.
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7.2 If You institute patent litigation against any entity (including a cross-claim
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or counterclaim in a lawsuit) alleging that the Covered Source or a Product
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constitutes direct or contributory patent infringement, or You seek any declaration
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that a patent licensed to You under this Licence is invalid or unenforceable
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then any rights granted to You under this Licence shall terminate as of the
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date such process is initiated.
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8 General
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8.1 If any provisions of this Licence are or subsequently become invalid or
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unenforceable for any reason, the remaining provisions shall remain effective.
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8.2 You shall not use any of the name (including acronyms and abbreviations),
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image, or logo by which the Licensor or CERN is known, except where needed
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to comply with section 3, or where the use is otherwise allowed by law. Any
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such permitted use shall be factual and shall not be made so as to suggest
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any kind of endorsement or implication of involvement by the Licensor or its
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personnel.
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8.3 CERN may publish updated versions and variants of this Licence which it
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considers to be in the spirit of this version, but may differ in detail to
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address new problems or concerns. New versions will be published with a unique
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version number and a variant identifier specifying the variant. If the Licensor
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has specified that a given variant applies to the Covered Source without specifying
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a version, You may treat that Covered Source as being released under any version
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of the CERN-OHL with that variant. If no variant is specified, the Covered
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Source shall be treated as being released under CERN-OHL-S. The Licensor may
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also specify that the Covered Source is subject to a specific version of the
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CERN-OHL or any later version in which case You may apply this or any later
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version of CERN-OHL with the same variant identifier published by CERN.
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8.4 This Licence shall terminate with immediate effect if You fail to comply
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with any of its terms and conditions.
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8.5 However, if You cease all breaches of this Licence, then Your Licence
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from any Licensor is reinstated unless such Licensor has terminated this Licence
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by giving You, while You remain in breach, a notice specifying the breach
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and requiring You to cure it within 30 days, and You have failed to come into
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compliance in all material respects by the end of the 30 day period. Should
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You repeat the breach after receipt of a cure notice and subsequent reinstatement,
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this Licence will terminate immediately and permanently. Section 6 shall continue
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to apply after any termination.
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8.6 This Licence shall not be enforceable except by a Licensor acting as such,
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and third party beneficiary rights are specifically excluded.
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