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CERN Open Hardware Licence Version 2 - Permissive
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Preamble
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CERN has developed this licence to promote collaboration among
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hardware designers and to provide a legal tool which supports the
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freedom to use, study, modify, share and distribute hardware designs
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and products based on those designs. Version 2 of the CERN Open
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Hardware Licence comes in three variants: this licence, CERN-OHL-P
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(permissive); and two reciprocal licences: CERN-OHL-W (weakly
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reciprocal) and CERN-OHL-S (strongly reciprocal).
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The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in
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unmodified form only.
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Use of this Licence does not imply any endorsement by CERN of any
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Licensor or their designs nor does it imply any involvement by CERN in
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their development.
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1 Definitions
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1.1 'Licence' means this CERN-OHL-P.
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1.2 'Source' means information such as design materials or digital
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code which can be applied to Make or test a Product or to
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prepare a Product for use, Conveyance or sale, regardless of its
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medium or how it is expressed. It may include Notices.
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1.3 'Covered Source' means Source that is explicitly made available
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under this Licence.
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1.4 'Product' means any device, component, work or physical object,
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whether in finished or intermediate form, arising from the use,
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application or processing of Covered Source.
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1.5 'Make' means to create or configure something, whether by
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manufacture, assembly, compiling, loading or applying Covered
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Source or another Product or otherwise.
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1.6 'Notice' means copyright, acknowledgement and trademark notices,
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references to the location of any Notices, modification notices
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(subsection 3.3(b)) and all notices that refer to this Licence
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and to the disclaimer of warranties that are included in the
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Covered Source.
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1.7 'Licensee' or 'You' means any person exercising rights under
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this Licence.
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1.8 'Licensor' means a person who creates Source or modifies Covered
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Source and subsequently Conveys the resulting Covered Source
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under the terms and conditions of this Licence. A person may be
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a Licensee and a Licensor at the same time.
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1.9 '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
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of Covered Source and Products, and the Making of Products. By
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exercising any right granted under this Licence, You irrevocably
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accept these terms and conditions.
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2.2 This Licence is granted by the Licensor directly to You, and
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shall apply worldwide and without limitation in time.
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2.3 You shall not attempt to restrict by contract or otherwise the
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rights granted under this Licence to other Licensees.
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2.4 This Licence is not intended to restrict fair use, fair dealing,
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or any 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
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any medium, provided You retain all Notices.
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3.2 You may modify Covered Source, other than Notices.
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You may only delete Notices if they are no longer applicable to
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the corresponding Covered Source as modified by You and You may
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add additional Notices applicable to Your modifications.
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3.3 You may Convey modified Covered Source (with the effect that You
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shall also become a Licensor) provided that You:
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a) retain Notices as required in subsection 3.2; and
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b) add a Notice to the modified Covered Source stating that You
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have modified it, with the date and brief description of how
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You have modified it.
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3.4 You may Convey Covered Source or modified Covered Source under
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licence terms which differ from the terms of this Licence
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provided that You:
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a) comply at all times with subsection 3.3; and
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b) provide a copy of this Licence to anyone to whom You
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Convey Covered Source or modified Covered Source.
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4 Making and Conveying Products
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You may Make Products, and/or Convey them, provided that You ensure
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that the recipient of the Product has access to any Notices applicable
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to the Product.
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5 DISCLAIMER AND LIABILITY
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5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
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are provided 'as is' and any express or implied warranties,
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including, but not limited to, implied warranties of
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merchantability, of satisfactory quality, non-infringement of
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third party rights, and fitness for a particular purpose or use
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are disclaimed in respect of any Source or Product to the
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maximum extent permitted by law. The Licensor makes no
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representation that any Source or Product does not or will not
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infringe any patent, copyright, trade secret or other
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proprietary right. The entire risk as to the use, quality, and
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performance of any Source or Product shall be with You and not
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the Licensor. This disclaimer of warranty is an essential part
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of this Licence and a condition for the grant of any rights
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granted under this Licence.
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5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
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the maximum extent permitted by law, have no liability for
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direct, indirect, special, incidental, consequential, exemplary,
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punitive or other damages of any character including, without
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limitation, procurement of substitute goods or services, loss of
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use, data or profits, or business interruption, however caused
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and on any theory of contract, warranty, tort (including
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negligence), product liability or otherwise, arising in any way
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in relation to the Covered Source, modified Covered Source
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and/or the Making or Conveyance of a Product, even if advised of
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the possibility of such damages, and You shall hold the
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Licensor(s) free and harmless from any liability, costs,
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damages, fees and expenses, including claims by third parties,
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in relation to such use.
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6 Patents
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6.1 Subject to the terms and conditions of this Licence, each
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Licensor hereby grants to You a perpetual, worldwide,
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non-exclusive, no-charge, royalty-free, irrevocable (except as
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stated in this section 6, or where terminated by the Licensor
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for cause) patent licence to Make, have Made, use, offer to
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sell, sell, import, and otherwise transfer the Covered Source
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and Products, where such licence applies only to those patent
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claims licensable by such Licensor that are necessarily
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infringed by exercising rights under the Covered Source as
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Conveyed by that Licensor.
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6.2 If You institute patent litigation against any entity (including
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a cross-claim or counterclaim in a lawsuit) alleging that the
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Covered Source or a Product constitutes direct or contributory
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patent infringement, or You seek any declaration that a patent
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licensed to You under this Licence is invalid or unenforceable
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then any rights granted to You under this Licence shall
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terminate as of the date such process is initiated.
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7 General
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7.1 If any provisions of this Licence are or subsequently become
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invalid or unenforceable for any reason, the remaining
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provisions shall remain effective.
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7.2 You shall not use any of the name (including acronyms and
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abbreviations), image, or logo by which the Licensor or CERN is
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known, except where needed to comply with section 3, or where
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the use is otherwise allowed by law. Any such permitted use
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shall be factual and shall not be made so as to suggest any kind
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of endorsement or implication of involvement by the Licensor or
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its personnel.
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7.3 CERN may publish updated versions and variants of this Licence
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which it considers to be in the spirit of this version, but may
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differ in detail to address new problems or concerns. New
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versions will be published with a unique version number and a
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variant identifier specifying the variant. If the Licensor has
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specified that a given variant applies to the Covered Source
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without specifying a version, You may treat that Covered Source
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as being released under any version of the CERN-OHL with that
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variant. If no variant is specified, the Covered Source shall be
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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
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version of the CERN-OHL or any later version in which case You
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may apply this or any later version of CERN-OHL with the same
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variant identifier published by CERN.
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7.4 This Licence shall not be enforceable except by a Licensor
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acting as such, and third party beneficiary rights are
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specifically excluded.
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Thomas Kolb