| --- |
| title: CERN Open Hardware Licence Version 2 - Strongly Reciprocal |
| spdx-id: CERN-OHL-S-2.0 |
| nickname: CERN OHL v2 Strongly Reciprocal |
|
|
| description: Permissions of this strongly reciprocal license for hardware designs are conditioned on making available complete sources of licensed works and modifications, which include larger works using a licensed work, under the same license. Notices must be preserved. Contributors provide an express grant of patent rights. |
|
|
| how: Create a text file (typically named LICENSE or LICENSE.txt) in the root of your source code and copy the text of the license into the file. |
|
|
| note: 'CERN <a href="https://ohwr.org/project/cernohl/wikis/uploads/cf37727497ca2b5295a7ab83a40fcf5a/cern_ohl_s_v2_user_guide.pdf">recommends</a> adding the following information in the source files: copyright and license notice, a disclaimer of warranties and a source location. You can also include the source location in a part of the design which will be visible in the end product.' |
|
|
| using: |
| USB Armory: https://github.com/f-secure-foundry/usbarmory/blob/master/hardware/mark-two/LICENSE |
| waffling60: https://github.com/4pplet/waffling60/blob/master/LICENCE.md |
| Passport Electronics: https://github.com/Foundation-Devices/passport-electronics/blob/master/LICENSE.txt |
|
|
| permissions: |
| - commercial-use |
| - modifications |
| - distribution |
| - private-use |
| - patent-use |
|
|
| conditions: |
| - include-copyright |
| - document-changes |
| - disclose-source |
| - same-license |
|
|
| limitations: |
| - liability |
| - warranty |
|
|
| --- |
| CERN Open Hardware Licence Version 2 - Strongly Reciprocal |
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|
|
|
| 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. |
| |
