Apply CERN-OHL-S-2+ license to all project files

This commit is contained in:
Thomas Kolb 2023-08-30 22:31:29 +02:00
parent 0e00531304
commit e522b1cab5
14 changed files with 6709 additions and 6115 deletions

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SPDX-FileCopyrightText: 2023 Thomas Kolb "cfr34k" <cfr34k-git@tkolb.de>
SPDX-License-Identifier: CERN-OHL-S-2.0+

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SPDX-FileCopyrightText: 2023 Thomas Kolb "cfr34k" <cfr34k-git@tkolb.de>
SPDX-License-Identifier: CERN-OHL-S-2.0+

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SPDX-FileCopyrightText: 2023 Thomas Kolb "cfr34k" <cfr34k-git@tkolb.de>
SPDX-License-Identifier: CERN-OHL-S-2.0+

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SPDX-FileCopyrightText: 2023 Thomas Kolb "cfr34k" <cfr34k-git@tkolb.de>
SPDX-License-Identifier: CERN-OHL-S-2.0+

289
cern_ohl_s_v2.txt Normal file
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CERN Open Hardware Licence Version 2 - Strongly Reciprocal
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: CERN-OHL-P (permissive); and
two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this
licence, CERN-OHL-S (strongly reciprocal).
The CERN-OHL-S 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-S.
1.2 'Compatible Licence' means
a) any earlier version of the CERN Open Hardware licence, or
b) any version of the CERN-OHL-S, or
c) any licence which permits You to treat the Source to which
it applies as licensed under CERN-OHL-S provided that on
Conveyance of any such Source, or any associated Product You
treat the Source in question as being licensed under
CERN-OHL-S.
1.3 '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.
1.4 'Covered Source' means Source that is explicitly made available
under this Licence.
1.5 '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.
1.6 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
1.7 'Available Component' means any part, sub-assembly, library or
code which:
a) is licensed to You as Complete Source under a Compatible
Licence; or
b) is available, at the time a Product or the Source containing
it is first Conveyed, to You and any other prospective
licensees
i) as a physical part with sufficient rights and
information (including any configuration and
programming files and information about its
characteristics and interfaces) to enable it either to
be Made itself, or to be sourced and used to Make the
Product; or
ii) as part of the normal distribution of a tool used to
design or Make the Product.
1.8 'Complete Source' means the set of all Source necessary to Make
a Product, in the preferred form for making modifications,
including necessary installation and interfacing information
both for the Product, and for any included Available Components.
If the format is proprietary, it must also be made available in
a format (if the proprietary tool can create it) which is
viewable with a tool available to potential licensees and
licensed under a licence approved by the Free Software
Foundation or the Open Source Initiative. Complete Source need
not include the Source of any Available Component, provided that
You include in the Complete Source sufficient information to
enable a recipient to Make or source and use the Available
Component to Make the Product.
1.9 'Source Location' means a location where a Licensor has placed
Covered Source, and which that Licensor reasonably believes will
remain easily accessible for at least three years for anyone to
obtain a digital copy.
1.10 'Notice' means copyright, acknowledgement and trademark notices,
Source Location references, 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.
1.11 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.12 'Licensor' means a natural or legal person who creates or
modifies Covered Source. A person may be a Licensee and a
Licensor at the same time.
1.13 '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, provided that
You irrevocably undertake to make that modified Covered Source
available from a Source Location should You Convey a Product in
circumstances where the recipient does not otherwise receive a
copy of the modified Covered Source. In each case subsection 3.3
shall apply.
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.
Including Covered Source in a larger work is modifying the
Covered Source, and the larger work becomes modified Covered
Source.
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;
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;
c) add a Source Location Notice for the modified Covered Source
if You Convey in circumstances where the recipient does not
otherwise receive a copy of the modified Covered Source; and
d) license the modified Covered Source under the terms and
conditions of this Licence (or, as set out in subsection
8.3, a later version, if permitted by the licence of the
original Covered Source). Such modified Covered Source must
be licensed as a whole, but excluding Available Components
contained in it, which remain licensed under their own
applicable licences.
4 Making and Conveying Products
You may Make Products, and/or Convey them, provided that You either
provide each recipient with a copy of the Complete Source or ensure
that each recipient is notified of the Source Location of the Complete
Source. That Complete Source is Covered Source, and You must
accordingly satisfy Your obligations set out in subsection 3.3. If
specified in a Notice, the Product must visibly and securely display
the Source Location on it or its packaging or documentation in the
manner specified in that Notice.
5 Research and Development
You may Convey Covered Source, modified Covered Source or Products to
a legal entity carrying out development, testing or quality assurance
work on Your behalf provided that the work is performed on terms which
prevent the entity from both using the Source or Products for its own
internal purposes and Conveying the Source or Products or any
modifications to them to any person other than You. Any modifications
made by the entity shall be deemed to be made by You pursuant to
subsection 3.2.
6 DISCLAIMER AND LIABILITY
6.1 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.
6.2 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.
7 Patents
7.1 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 subsections 7.2 and 8.4) patent licence 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.
7.2 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.
8 General
8.1 If any provisions of this Licence are or subsequently become
invalid or unenforceable for any reason, the remaining
provisions shall remain effective.
8.2 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.
8.3 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.
8.4 This Licence shall terminate with immediate effect if You fail
to comply with any of its terms and conditions.
8.5 However, if You cease all breaches of this Licence, then Your
Licence from any Licensor is reinstated unless such Licensor has
terminated this Licence by giving You, while You remain in
breach, a notice specifying the breach and requiring You to cure
it within 30 days, and You have failed to come into compliance
in all material respects by the end of the 30 day period. Should
You repeat the breach after receipt of a cure notice and
subsequent reinstatement, this Licence will terminate
immediately and permanently. Section 6 shall continue to apply
after any termination.
8.6 This Licence shall not be enforceable except by a Licensor
acting as such, and third party beneficiary rights are
specifically excluded.

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CERN Open Hardware Licence Version 2 - Strongly Reciprocal
User Guide
September 2, 2020
Guide version: 1.0
1 Introduction
This document contains guidelines on how to apply the CERN-OHL-S v2 to a given
hardware design, and on the use of hardware designs licensed under CERN-OHL-S
v2. This means we will be talking to you sometimes as a licensor, and other
times as a licensee.
As a licensor, there are many ways in which you can make it clear to your
licensees that you are sharing your designs under the licence. These guidelines
are only to be taken as advice, illustrating some ways in which we think this
can be done efficiently.
To help you distinguish between requirements imposed by the licence (mostly as a
licensee) and our suggestions to you (mostly as a licensor), we will use the
word 'rule' for the former and the word 'suggestion' for the latter. Any
perceived contradiction between these guidelines and the licence text should of
course be resolved in favour of the licence text.
2 How to apply CERN-OHL-S v2 to a hardware design
2.1 Pre-requisite
Authorship/ownership of the design must be clear and undisputed. Only the legal
owner of the rights in the hardware design may decide under what conditions to
make it available. Generally, if ownership is vested in more than one
person/entity, there must be an agreement among the owners (or a chain of
compatible licences from each of them) to release the hardware design as open
hardware, and under the CERN-OHL-S v2 in particular.
2.2 Your sources
Nowadays, most designers who intend to share their work do so by hosting their
design files (sources) in a publicly-accessible repository using version control
systems such as git. The sites hosting these repositories usually provide users
with the convenience of downloading a whole repository as a compressed (e.g.
zip) file. Using these platforms is a very effective way of working: it makes it
easier for you to receive feedback, shows your users the complete history of the
project and allows them to easily start using it and contributing improvements.
2.2.1 Suggestion: try to host your design in a publicly-accessible repository
using version control. If that is not possible, compress your whole
directory structure into one file and publish that file, so users get your
whole project in one go.
If your goal is to share, it makes sense to provide enough information to users
about the contents of the design package they download, and to make it easy for
them to browse that information. For example, if you have designed your hardware
using proprietary tools, people who download the design files may not have
access to the tools you used. Sometimes you can also provide exported versions
of those files which, although not as useful for modification as the originals,
will make life easier for people who want to understand your designs. For
example, PCB schematics and layout can be exported as pdf files, and 3D
mechanical designs can be exported to the STEP format.
2.2.2 Suggestion: include in your design sources versions of the files exported
to formats everybody can read. It would be helpful to specify the tools
you used, and, if they are publicly available under free and open source
licences, provide information about where the recipient can find them.
It can also be good to let people know that you are following this guide, so
they see why you are doing things in this or that way.
2.2.3 Suggestion: include a copy of this user guide, in pdf or plain text
format, in your sources.
Of course, although not strictly necessary, you should also include a copy of
the licence text (CERN-OHL-S v2 in this case) in pdf or plain text form. Your
design files will anyway be identified as licensed under that licence, with a
URL pointing to the licence text, but it does not hurt to include the licence
text in the source package for the convenience of the user and to make it very
visible that the whole design is open source.
2.2.4 Suggestion: include a copy of the CERN-OHL-S v2 licence text, in pdf or
plain text format, in your sources, and failing that, provide a link to
the licence at https://ohwr.org/cern_ohl_s_v2.txt.
One of the requirements for licensees who make modifications to the design and
publish those modifications is to make them explicit in a dedicated text file.
As a licensor, you can make this obligation more easy for licensees to see and
bear in mind by including a placeholder file called CHANGES.txt in your sources.
2.2.5 Suggestion: include an empty CHANGES.txt file in your sources. You may
write a few lines in the beginning of the file stating that anyone
modifying the design should provide brief information about the
modifications, including the date they were made, and stating that
information about the design should be added but never removed from that
file. It could also state that, according to section 3.3.b of the licence,
licensees should provide a brief entry with a date and the nature of the
modification for each design change. For example '26 April 2020: AC/DC
power converter circuit removed as AC input no longer necessary'.
Now, as you have seen, as the initial licensor, relatively few rules apply to
you. We are going to assume that it is your intent to license your design under
CERN-OHL-S v2 though, and in that sense the minimal requirements are going to be
described as 'rules' below. Some files can easily include a header or a text box
with copyright and licensing information which will be easily visible to whoever
opens them. For file types which do not easily grant that possibility, consider
using a separate text file taking as its name the name of the original file with
'.license' appended to it. So if you have e.g. a file called
`my_3d_design.FCStd', you can add another file in the same directory called
`my_3d_design.FCStd.license' which is a text file containing copyright and
licensing information. If the number of files in your project is large and the
'.license' method is deemed too cumbersome, you can centralise all your
licensing information in a single text file following the Debian DEP5
specification. Both the '.license' and the DEP5 methods are suggested in the
REUSE guidelines. See https://reuse.software/for details.
2.2.6 Rule: include for each source file, either embedded in the file itself or
in a separate text file which refers to it:
(a) a copyright notice reflecting actual ownership;
(b) a notice that the hardware design source is licensed under the CERN-
OHL-S v2, possibly with a link to https://ohwr.org/cern_ohl_s_v2.txt:
i."Licensed under CERN-OHL-S v2 or any later version" or
ii."Licensed under CERN-OHL-S v2";
(c) a disclaimer of warranties;
(d) a Source Location if you wish to specify one;
(e) optionally, a Notice specifying that you wish the Source Location to
remain visible on the Product (or its packaging, or in its
documentation) even after modifications.
Here is an example for a hypothetical designer called Sam Smith hosting a
design called Gizmo at https://example_url:
------------------------------------------------------------------------------
| Copyright Sam Smith 2020. |
| |
| This source describes Open Hardware and is licensed under the CERN-OHL-S v2. |
| |
| You may redistribute and modify this source and make products using it under |
| the terms of the CERN-OHL-S v2 (https://ohwr.org/cern_ohl_s_v2.txt). |
| |
| This source is distributed WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, |
| INCLUDING OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A |
| PARTICULAR PURPOSE. Please see the CERN-OHL-S v2 for applicable conditions. |
| |
| Source location: https://example_url |
| |
| As per CERN-OHL-S v2 section 4, should You produce hardware based on this |
| source, You must where practicable maintain the Source Location visible |
| on the external case of the Gizmo or other products you make using this |
| source. |
------------------------------------------------------------------------------
The first three lines in the example above, containing copyright and licence
type, can be substituted by a valid SPDX header, like this:
SPDX-FileCopyrightText: 2020 Sam Smith <sam@example.com>
SPDX-License-Identifier: CERN-OHL-S-2.0
or, in case the 'or any later version' option is preferred:
SPDX-FileCopyrightText: 2020 Sam Smith <sam@example.com>
SPDX-License-Identifier: CERN-OHL-S-2.0+
2.2.7 Suggestion: use standard SPDX headers whenever possible so that your
choice of licence is easy to understand by humans and computers alike.
Why would you license your design under 'CERN-OHL-S v2 or any later version'?
Imagine we discovered a shortcoming of the licence which made us write a new
version, let's say version 3.0, to fix it. Let us further imagine that we
decided to make v3 incompatible with v2 (this actually happened with the GPL).
If you licensed your design under 'v2 only' that means it could not be combined
with new designs licensed under v3. If, on the other hand, you license your
design under 'v2 or any later version', you give future licensees the option of
interpreting the design as licensed under the hypothetical v3, and there would
be no compatibility issues. This is quite an important decision to take when you
use a reciprocal licence, so we thought we'd mention it in this guide. You have
to make your own judgment as to whether you believe that CERN can be trusted to
ensure that future versions of the CERN-OHL will be similar in spirit and effect
to this version.
2.2.8 Suggestion: give some thought to the 'or any later version' option before
publishing your design under CERN-OHL-S v2.
We are going to assume that you, as a licensor, want people who receive a
product based on your design to know that it is Open Hardware and where they can
find the design files for that product, hence:
2.2.9 Rule: include in a part of the Source corresponding to a visible part of
the Product (e.g. silkscreen or top copper for a printed circuit board):
(a) the licence notice: "Licensed under CERN-OHL-S v2";
(b) the Source Location.
2.2.10 Suggestion: You can optionally include a copyright notice to be printed
on the Product (remember you must keep intact any Notices in the source,
though). If you do, and your design includes part of other designs, you
should at least acknowledge the work is not all your own by using e.g.
Copyright Sam Smith and others. In any case, do not include the CERN
logo.
2.3 A Note on Components
If your design is modular, consider licensing each of the components you have
designed separately, and then having an overarching design, also licensed under
an appropriate variant of CERN-OHL which contains each of the sub-components as
an Available Component. This will make life easier for licensees who only want
to make use of one component of your design.
3 How to deal with hardware designs licensed under CERN-OHL-S v2
Generally speaking, you must comply with the requirements applying to a
particular design detailed in the accompanying licence. If you receive hardware
designs licensed under the CERN-OHL-S v2, the requirements are to:
3.1 Rule: keep intact all the copyright, acknowledgement and trademark notices
and Source Location notices that are on the hardware design sources.
3.2 Rule: keep intact the references to the CERN-OHL-S v2.
3.3 Rule: keep intact the disclaimer of warranties.
3.1 Design modifications and publication
If you modify a hardware design licensed by someone else under CERN-OHL-S v2,
and you want to publish your modified design, or you need to publish it e.g. as
a result of the obligations attached to the production and distribution of
products, you must:
3.1.1 Rule: keep intact all the notices referred to above, although you may
remove notices that are no longer relevant to your design (for example, if
the design you are using contains a power supply and a processor board,
and you are only using the processor board in your own design, you can
remove the notices relating to the power supply, so long as you are sure
they only relate to the power supply).
3.1.2 Rule: include notices stating that you have modified the hardware de-
signs, giving a date and information about the modifications you have made
(e.g. in a CHANGES.txt file).
3.1.3 Rule: add the appropriate copyright notice and Source Location to the
modifications that were made.
3.1.4 Rule: license the modifications under the 'CERN-OHL-S v2' (or 'CERN- OHL-S
v2 or any later version' if permitted by the original licensor, and all
other components of the design allow you to license with the 'or any later
version' option).
3.1.5 Rule: if your design is a modification of someone else's design, or
incorporates parts of another's design, and in each case the other's
design is released under CERN-OHL, CERN-OHL-W or CERN-OHL-S you must (if
your tools allow this) include in your design sources versions of the
files exported to formats everybody can read using tools available under a
free or open source software licence. By CERN-OHL we mean any of the
earlier versions of the licence, prior to v2.
3.2 Hardware production and distribution
If, as a licensee, you want to produce hardware based on a design licensed under
CERN-OHL-S v2 and/or distribute that hardware, you need to:
3.2.1 Rule: either provide each recipient with a copy of the Complete Source or
ensure that each recipient is notified of the Source Location of the
Complete Source.
By Complete Source, we mean all files needed to make the hardware. Please see
the licence text for details. You also need to respect, if applicable, the
will expressed by the licensor to have a clear visual indication of the Source
Location on the hardware:
3.2.2 Rule: if specified in a Notice by the licensor, the Product must visibly
and securely display the Source Location on it or its packaging or
documentation in the manner specified in that Notice.
4 Asking for help
If there is something unclear in this guide, or you have any question on how to
apply the licence, the best place to ask is the CERN OHL forum at
https://forums.ohwr.org/c/cernohl. You may also find useful information in the
FAQs at https://www.ohwr.org/project/cernohl/wikis/faq.

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