[License-review] For Approval – CERN Open Hardware Licence Version 2– Strongly Reciprocal (SPDX: CERN-OHL-S-2.0); CERN Open Hardware Licence Version 2– Weakly Reciprocal (SPDX: CERN-OHL-W-2.0); CERN Open Hardware Licence Version 2– Permissive (SPDX: CERN-OHL-P-2.0)
Eric Schultz
eric at wwahammy.com
Mon Jul 20 17:37:09 UTC 2020
As if often the case with new licenses, I don't know if this is OSD
complaint. As a non-lawyer, I had a question about how Conveying works in
cases where it's impossible to make or source a component. As an example,
let's say I modify the Complete Source of part of a product and add a
feature which is theoretical or remains to be prototyped. Under the
strongly reciprocal license, am I allowed to distribute? From skimming it,
my initial thoughts are "no".
Eric
On Mon, Jun 29, 2020, 6:21 AM Andrew <andrewjskatz at gmail.com> wrote:
> Hi All
>
> For Approval – CERN Open Hardware Licence Version 2– Strongly Reciprocal
> (SPDX: CERN-OHL-S-2.0)
> For Approval – CERN Open Hardware Licence Version 2– Weakly Reciprocal
> (SPDX: CERN-OHL-W-2.0)
> For Approval – CERN Open Hardware Licence Version 2– Permissive (SPDX:
> CERN-OHL-P-2.0)
> (The text of each licence is available here:
> https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2 and
> follow the text of this email).
>
> Kindly consider the suite of three CERN Open Hardware Licences for
> approval by the OSI. We are submitting for approval, as opposed to legacy
> approval, because Version 2 has only been finalised and released for
> general use in March of this year (2020). Version 2 is a radical overhaul
> of the previous version, and now consists of the three variants, which
> differ on the strength of their reciprocal/copyleft effect.
>
> The licence steward is the European Organization for Nuclear Research,
> better known as CERN, based in Geneva, Switzerland. CERN commenced its open
> hardware licensing programme in 2011 with the release of version 1 of the
> CERN-OHL (we are not asking for any previous versions to be considered for
> OSI approval, which is limited to version 2).
>
> *Rationale*: Clearly state rationale for a new license
>
> CERN believes that open science and technology are of global importance.
> Open science accelerates development and maximises the positive impacts on
> society. In addition open science is a tool for reducing inequality. Where
> developing nations lack access to scientific developments and technology,
> the gap between them and the more developed nations increases. Open science
> helps to close that gap.
>
> Open science and education need open technology, which can consist of both
> software and hardware. Friction-free access to software and hardware is
> crucial to enabling open science. This principle is at the heart of the
> rationale for the CERN OHL. Open source software is well known and
> understood and is well served (possibly too well served) by a large number
> of licences. In contrast, the field of open source hardware is not as
> mature as open source software, and only a small number of licences have
> been drafted to cover open source hardware (the most prominent being the
> CERN OHL, the TAPR OHL and the Solderpad Hardware License).
>
> Frequently, hardware designs are released under open source software
> licences (such as Apache 2.0, GPLv3 and BSD). We believe that these are not
> ideally suited to hardware, because the terminology is often inappropriate
> (for example “source code” and “object code”), they may fail to recognise
> some forms of intellectual property rights which are relevant to some
> forms of hardware design (for example, database rights in the EU which may
> be applicable to netlists used to create printed circuit boards), and, for
> reciprocal/copyleft licences, the scope of the reciprocal/copyleft
> requirements in relation to other designs which are integrated into or
> interfaced with a particular design is unclear.
>
> The CERN-OHL licences, and most specifically the suite of licences we have
> released as version 2, are designed to address these issues, and cover as
> broad a range of hardware as possible, from artistic and sculptural works,
> to mechanical devices, to electronic devices, and finally to hardware
> described using Hardware Description Languages (HDL) resulting in the
> configuration of FPGAs or the manufacturing of ASICs. Each of these types
> of hardware represents a point along a spectrum from “hardness” to
> “softness”, in that HDL code looks very similar to software code, and can
> be developed, tested, in a similar way to software, and the bitstream
> (object code) can be loaded onto an FPGA in much the same way that
> firmware, clearly software, and a hair’s breadth on the other side of the
> hardware/software divide, can be loaded into NVRAM.
>
> For this reason, we explicitly designed the suite of CERN-OHL licences to
> be applicable, at the licensor’s option, to software. We fully expect that
> much software associated with hardware (for example, firmware) will
> continue to be licensed under existing OSI licences such as GPLv3. However,
> we considered it important that licensors have the option of licensing the
> entire design, including circuit boards, HDL files, and firmware, under a
> single licence, CERN OHL, if they wish. Indeed, in order not to fragment
> the commons created by GPLv2 and GPLv3, one of those licences (or GPLv2 or
> later) may remain a more appropriate licence. However, we would ask in this
> case that Licensors consider dual licensing the software portions of their
> design under GPLv2+ or GPLv3 to facilitate compatibility with third party
> components licensed under those licences.
>
> We also recognise that different communities have different needs, and in
> the same way that open source software has thriving projects licensed under
> GPL, LGPL and Apache, we wish to allow hardware licensors the option to
> select a strong reciprocal (copyleft) licence, a weak reciprocal (copyleft)
> licence, or a permissive licence.
>
> Note that we are not attempting to create or assert any new forms of
> intellectual property right. The licence explicitly acknowledges that there
> is no attempt to restrict fair use, fair dealing or any similar right.
>
> As an internationally respected organisation, CERN has an obligation and a
> responsibility to be a leader in this field. We are in an almost unique
> position to provide a suite of licences which we believe cover the broadest
> set of use-cases in open hardware, and thus make it unnecessary for almost
> any project to select a third party licence, and thus limit licence
> proliferation within the field of open hardware before it has even started
> to become a significant problem. It can be argued that almost every open
> source software project can be well served by selecting either Apache 2.0,
> Mozilla 2.0 or GPLv3. We believe our suite of licences provide a similar
> set of options for hardware, but all within the same family.
>
> *Distinguish*: Compare to and contrast with the most similar OSI-approved
> license(s)
>
> This is a dual domain set of licences. As the name suggests, it is
> primarily a set of open hardware licences, but can also be used for
> software. As such there is no existing licence to directly compare and
> contrast it with. It can obliquely be compared to the existing Open Font
> Licence, which is an OSI approved licence designed for artistic works which
> can be described (and are, within the licence described) as software. By
> analogy, HDL can be described as software (and indeed, is software when run
> on a simulator).
>
> To the extent that the CERN OHL family of licences are strongly
> reciprocal, weakly reciprocal and permissive, they are probably most
> closely comparable to GPLv3, Mozilla 2.0 and Apache 2.0. However, as stated
> in the rationale, we believe that these are licences are unsuitable for
> hardware.
>
> *Legal review*: Describe any legal review the license has been through,
> and provide results of any legal analysis if available
>
> The suite of licences was based on work by the lawyers at the knowledge
> transfer team at CERN to produce version 1, and subsequent versions
> (including the version 2 submitted here) have been developed by a core team
> of drafters, Javier Serrano (CERN) with an engineering and open source
> software and open hardware background, Myriam Ayass (a lawyer and knowledge
> transfer/IP specialist) and Andrew Katz (lawyer and open source software
> and hardware specialist). Between them, Myriam and Andrew cover the domains
> of both civil law and common law. Version 2.0 of the licence suite has been
> developed with input from organisations including the FOSSi Foundation, and
> the OSHWA, with specific legal input on drafts from OSHWA. Further, the
> drafts have been submitted for comment to the European Legal Network
> mailing list (which despite its title, has participants from all around the
> world, consisting of over 400 lawyers, engineers and compliance
> specialists, all working in the domain of open source). The drafts have
> been presented at a number of conferences (including the legal devroom at
> FOSDEM in 2019). A number of lawyers have published commentary on the
> documents, including Kyle Mitchell:
> *https://writing.kemitchell.com/2020/04/01/CERN-OHL-S-2.0.html*
> <https://writing.kemitchell.com/2020/04/01/CERN-OHL-S-2.0.html>
>
> *Proliferation category*: Special purpose: the licence suite has been
> designed to apply to hardware, and also to software which has been embedded
> in, and used in conjunction with, hardware. However, it is also capable of
> being used as a general purpose open source software licence, and the weak
> copyleft variant can be used to provide a licensing environment to allow
> for a software component which itself is subject to copyleft (i.e. any
> derivative works must be released under the same licence), but may contain
> components or libraries which are under a different licence, so long as
> interfacing information is made available. This in some ways complements
> the effect of LGPL (which allows works which contain software licensed
> under it to be licensed under a different licence) by allowing a work under
> CERN-OHL-W to contain components which are licensed under different
> licences. We believe no open source software licence currently approved by
> OSI has this effect (potentially useful for new technologies like
> containers), but in any event, this is not an attribute included by design
> for software. Please note that organisations such as IEEE recognise that
> software may be licensed under the CERN-OHL:
> *https://opensource.ieee.org/community/cla/cern-ohl/-/blob/master/IEEE%20Entity%20CLA_CERN%201.2%20License_v2.0_01012020.pdf*
> <https://opensource.ieee.org/community/cla/cern-ohl/-/blob/master/IEEE%20Entity%20CLA_CERN%201.2%20License_v2.0_01012020.pdf>
>
> *Licenses that are popular and widely used or with strong communities:* the
> CERN OHL has a strong community. There are several hundred projects using
> variants of the CERN-OHL listed on the Open Hardware Repository (
> *ohwr.org* <http://ohwr.org/>) as well as projects in other repositories
> such as Thingiverse, Github and Gitlab: for example a recent search on
> GitHub for the text “CERN Open” in the license files attached to projects
> returns 1,512 results. The CERN OHL suite of licences are recommended by
> the Open Source Hardware Association.
>
> *Rationale for Submission to the OSI for consideration*
> Whilst acknowledging the the CERN-OHL suite of licences are not primarily
> drafted to cover software, we maintain that they have a valid use-case for
> software, particularly for firmware which is embedded in a hardware device
> released under a variant of the CERN-OHL. There are organisations which
> (wisely) limit their use of open source licences to those which have been
> approved by OSI, and the CERN-OHL is currently precluded from adoption from
> such organisations, unless we can convince them to amend their licence
> acceptance criteria to either add CERN-OHL as an exception, or to recognise
> that the restriction only applies to software as such. However, the latter
> approach would prevent them from using the CERN-OHL in relation to
> software, which could lead to devices which are currently licensed as a
> whole (including firmware) under a single licence, from having to be
> licensed under separate licences for the hardware and the software.
>
> We note that the OSI has already approved the SIL Open Font Licence, and
> suggest that there is already precedent for a licence be approved covering
> works which are predominantly not software, and which is commonly applied
> to works which are not software.
>
> In addition, we believe that approval of the CERN-OHL suite of licences by
> the OSI would lead to a reduction of licence proliferation in the world of
> open hardware. In particular, there are many hardware projects licensed
> under the MIT, BSD and Apache 2.0 licences, all of which are OSI approved.
> Adoption of the permissive variant of CERN-OHL will provide a single OSI
> approved permissive licence specifically tailored for use with open source
> hardware.
>
> Finally, we note that there is a rapid increase in enquiries about open
> hardware linked specifically to the COVID-19 crisis. We believe that open
> licensing is the best way to reduce friction and allow innovators to
> collaborate and share designs, information, knowledge, insights and
> expertise. The ultimate goal of the CERN-OHL suite of licences is to get
> out of the way of collaboration, enable people to stop worrying about
> licensing issues and get on with the important business of collaborating
> and making designs which have the potential to improve the lives of many,
> and even save lives. Should OSI give its imprimatur to the CERN-OHL suite
> of licences, that would be an important step towards that goal.
>
> We thank you for your consideration of this suite of licences, and stand
> ready to answer any queries you may have. The full text of the licences
> follows, and you can also find them at:
> https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2
>
>
> Kind regards
>
>
> Andrew
>
> Andrew Katz
> Member of the CERN OHL drafting team
>
> 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 license 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.
>
> ========================
>
> CERN Open Hardware Licence Version 2 - Weakly 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: this licence, CERN- OHL-W (weakly reciprocal)
> and CERN-OHL-S (strongly reciprocal).
>
> The CERN-OHL-W 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-W.
>
> 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 the CERN-OHL-W, or
>
> c) any licence which permits You to treat the Source to which
> it applies as licensed under CERN-OHL-S or CERN-OHL-W
> 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 or CERN-OHL-W as appropriate.
>
> 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) 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 'External Material' means anything (including Source) which:
>
> a) is only combined with Covered Source in such a way that it
> interfaces with the Covered Source using a documented
> interface which is described in the Covered Source; and
>
> b) is not a derivative of or contains Covered Source, or, if it
> is, it is solely to the extent necessary to facilitate such
> interfacing.
>
> 1.9 '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.
>
> 1.10 '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.
>
> 1.11 '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.
>
> 1.12 'Licensee' or 'You' means any person exercising rights under
> this Licence.
>
> 1.13 '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.
>
> 1.14 '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.
>
> 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 or External Material to which it is
> interfaced, which remain licensed under their own applicable
> licences.
>
>
> 4 Making and Conveying Products
>
> 4.1 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 includes 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.
>
> 4.2 Where You Convey a Product which incorporates External Material,
> the Complete Source for that Product which You are required to
> provide under subsection 4.1 need not include any Source for the
> External Material.
>
> 4.3 You may license Products under terms of Your choice, provided
> that such terms do not restrict or attempt to restrict any
> recipients' rights under this Licence to the Covered Source.
>
>
> 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 license 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.
>
> You may treat Covered Source licensed under CERN-OHL-W as
> licensed under CERN-OHL-S if and only if all Available
> Components referenced in the Covered Source comply with the
> corresponding definition of Available Component for CERN-OHL-S.
>
> 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.
>
> ==================
>
> CERN Open Hardware Licence Version 2 - Permissive
>
>
> 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: this licence, CERN-OHL-P
> (permissive); and two reciprocal licences: CERN- OHL-W (weakly
> reciprocal) and CERN-OHL-S (strongly reciprocal).
>
> The CERN-OHL-P 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-P.
>
> 1.2 '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.
>
> 1.3 'Covered Source' means Source that is explicitly made available
> under this Licence.
>
> 1.4 '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.
>
> 1.5 'Make' means to create or configure something, whether by
> manufacture, assembly, compiling, loading or applying Covered
> Source or another Product or otherwise.
>
> 1.6 'Notice' means copyright, acknowledgement and trademark notices,
> references to the location of any Notices, 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.
>
> 1.7 'Licensee' or 'You' means any person exercising rights under
> this Licence.
>
> 1.8 'Licensor' means a person who creates Source or modifies Covered
> Source and subsequently Conveys the resulting Covered Source
> under the terms and conditions of this Licence. A person may be
> a Licensee and a Licensor at the same time.
>
> 1.9 '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.
>
> 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.
>
> 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; and
>
> 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.
>
> 3.4 You may Convey Covered Source or modified Covered Source under
> licence terms which differ from the terms of this Licence
> provided that:
>
> a) You comply at all times with subsection 3.3; and
>
> b) You provide a copy of this Licence to anyone to whom You
> Convey Covered Source or modified Covered Source.
>
>
> 4 Making and Conveying Products
>
> You may Make Products, and/or Convey them, provided that You ensure
> that the recipient of the Product has access to any Notices applicable
> to the Product.
>
>
> 5 DISCLAIMER AND LIABILITY
>
> 5.1 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.
>
> 5.2 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.
>
>
> 6 Patents
>
> 6.1 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 this section 6, or where terminated by the Licensor
> for cause) patent license 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.
>
> 6.2 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.
>
>
> 7 General
>
> 7.1 If any provisions of this Licence are or subsequently become
> invalid or unenforceable for any reason, the remaining
> provisions shall remain effective.
>
> 7.2 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.
>
> 7.3 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.
>
> 7.4 This Licence shall not be enforceable except by a Licensor
> acting as such, and third party beneficiary rights are
> specifically excluded.
>
>
>
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not
> necessarily those of the Open Source Initiative. Communication from the
> Open Source Initiative will be sent from an opensource.org email address.
>
> License-review mailing list
> License-review at lists.opensource.org
>
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
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