<div dir="auto">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".<div dir="auto"><br></div><div dir="auto">Eric</div></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Mon, Jun 29, 2020, 6:21 AM Andrew <<a href="mailto:andrewjskatz@gmail.com">andrewjskatz@gmail.com</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><div style="word-wrap:break-word;line-break:after-white-space">Hi All<div><br></div><div><div style="margin:0px"><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">For Approval – CERN Open Hardware Licence Version 2– Strongly Reciprocal (SPDX: CERN-OHL-S-2.0) </font></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">For Approval – CERN Open Hardware Licence Version 2– Weakly Reciprocal (SPDX: CERN-OHL-W-2.0)</font></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">For Approval – CERN Open Hardware Licence Version 2– Permissive (SPDX: CERN-OHL-P-2.0)</font></div><div style="margin:0px"><font face="Helvetica Neue">(The text of each licence is available here: <a href="https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2" target="_blank" rel="noreferrer">https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2</a> and follow the text of this email). </font></div></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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). </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:15px"><b></b><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""><b>Rationale</b>: Clearly state rationale for a new license</font></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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.</font></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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). </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""><b>Distinguish</b>: Compare to and contrast with the most similar OSI-approved license(s)</font></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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). </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""><b>Legal review</b>: Describe any legal review the license has been through, and provide results of any legal analysis if available</font></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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: <a href="https://writing.kemitchell.com/2020/04/01/CERN-OHL-S-2.0.html" target="_blank" rel="noreferrer"><u>https://writing.kemitchell.com/2020/04/01/CERN-OHL-S-2.0.html</u></a></font></div><div style="margin:0px;min-height:14px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""> </font><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""><b>Proliferation category</b>: 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: <a href="https://opensource.ieee.org/community/cla/cern-ohl/-/blob/master/IEEE%20Entity%20CLA_CERN%201.2%20License_v2.0_01012020.pdf" target="_blank" rel="noreferrer"><u>https://opensource.ieee.org/community/cla/cern-ohl/-/blob/master/IEEE%20Entity%20CLA_CERN%201.2%20License_v2.0_01012020.pdf</u></a></font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""><b>Licenses that are popular and widely used or with strong communities:</b> the CERN OHL has a strong community. There are several hundred projects using variants of the CERN-OHL listed on the Open Hardware Repository (<a href="http://ohwr.org/" target="_blank" rel="noreferrer"><u>ohwr.org</u></a>) 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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""><b>Rationale for Submission to the OSI for consideration</b></font></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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. </font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">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: </font><a href="https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2" target="_blank" rel="noreferrer">https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2</a></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue""><br></font></div><div style="margin:0px"><br></div><div style="margin:0px"><font face="Helvetica Neue" style="font-stretch:normal;line-height:normal;font-family:"Helvetica Neue"">Kind regards</font></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px;font-stretch:normal;line-height:normal;font-family:"Helvetica Neue";min-height:14px"><br></div><div style="margin:0px"><font face="Helvetica Neue">Andrew</font></div><div style="margin:0px"><font face="Helvetica Neue"><br></font></div><div style="margin:0px"><font face="Helvetica Neue">Andrew Katz</font></div><div style="margin:0px"><font face="Helvetica Neue">Member of the CERN OHL drafting team</font></div><div style="margin:0px"><font face="Helvetica Neue"><br></font></div><div style="margin:0px"><pre>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.</pre><pre>========================</pre><pre><pre>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.</pre><div>==================</div><div><br></div><div><pre>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.</pre><div><br></div></div></pre><div><br></div></div><div><br></div></div></div>_______________________________________________<br>
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