github.com/apache/skywalking-eyes@v0.6.0/assets/lcs-templates/CERN-OHL-S-2.0.txt (about)

     1  CERN Open Hardware Licence Version 2 - Strongly Reciprocal
     2  
     3  
     4  Preamble
     5  
     6  CERN has developed this licence to promote collaboration among
     7  hardware designers and to provide a legal tool which supports the
     8  freedom to use, study, modify, share and distribute hardware designs
     9  and products based on those designs. Version 2 of the CERN Open
    10  Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
    11  two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this
    12  licence, CERN-OHL-S (strongly reciprocal).
    13  
    14  The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in
    15  unmodified form only.
    16  
    17  Use of this Licence does not imply any endorsement by CERN of any
    18  Licensor or their designs nor does it imply any involvement by CERN in
    19  their development.
    20  
    21  
    22  1 Definitions
    23  
    24    1.1 'Licence' means this CERN-OHL-S.
    25  
    26    1.2 'Compatible Licence' means
    27  
    28         a) any earlier version of the CERN Open Hardware licence, or
    29  
    30         b) any version of the CERN-OHL-S, or
    31  
    32         c) any licence which permits You to treat the Source to which
    33            it applies as licensed under CERN-OHL-S provided that on
    34            Conveyance of any such Source, or any associated Product You
    35            treat the Source in question as being licensed under
    36            CERN-OHL-S.
    37  
    38    1.3 'Source' means information such as design materials or digital
    39        code which can be applied to Make or test a Product or to
    40        prepare a Product for use, Conveyance or sale, regardless of its
    41        medium or how it is expressed. It may include Notices.
    42  
    43    1.4 'Covered Source' means Source that is explicitly made available
    44        under this Licence.
    45  
    46    1.5 'Product' means any device, component, work or physical object,
    47        whether in finished or intermediate form, arising from the use,
    48        application or processing of Covered Source.
    49  
    50    1.6 'Make' means to create or configure something, whether by
    51        manufacture, assembly, compiling, loading or applying Covered
    52        Source or another Product or otherwise.
    53  
    54    1.7 'Available Component' means any part, sub-assembly, library or
    55        code which:
    56  
    57         a) is licensed to You as Complete Source under a Compatible
    58            Licence; or
    59  
    60         b) is available, at the time a Product or the Source containing
    61            it is first Conveyed, to You and any other prospective
    62            licensees
    63  
    64              i) as a physical part with sufficient rights and
    65                 information (including any configuration and
    66                 programming files and information about its
    67                 characteristics and interfaces) to enable it either to
    68                 be Made itself, or to be sourced and used to Make the
    69                 Product; or
    70             ii) as part of the normal distribution of a tool used to
    71                 design or Make the Product.
    72  
    73    1.8 'Complete Source' means the set of all Source necessary to Make
    74        a Product, in the preferred form for making modifications,
    75        including necessary installation and interfacing information
    76        both for the Product, and for any included Available Components.
    77        If the format is proprietary, it must also be made available in
    78        a format (if the proprietary tool can create it) which is
    79        viewable with a tool available to potential licensees and
    80        licensed under a licence approved by the Free Software
    81        Foundation or the Open Source Initiative. Complete Source need
    82        not include the Source of any Available Component, provided that
    83        You include in the Complete Source sufficient information to
    84        enable a recipient to Make or source and use the Available
    85        Component to Make the Product.
    86  
    87    1.9 'Source Location' means a location where a Licensor has placed
    88        Covered Source, and which that Licensor reasonably believes will
    89        remain easily accessible for at least three years for anyone to
    90        obtain a digital copy.
    91  
    92   1.10 'Notice' means copyright, acknowledgement and trademark notices,
    93        Source Location references, modification notices (subsection
    94        3.3(b)) and all notices that refer to this Licence and to the
    95        disclaimer of warranties that are included in the Covered
    96        Source.
    97  
    98   1.11 'Licensee' or 'You' means any person exercising rights under
    99        this Licence.
   100  
   101   1.12 'Licensor' means a natural or legal person who creates or
   102        modifies Covered Source. A person may be a Licensee and a
   103        Licensor at the same time.
   104  
   105   1.13 'Convey' means to communicate to the public or distribute.
   106  
   107  
   108  2 Applicability
   109  
   110    2.1 This Licence governs the use, copying, modification, Conveying
   111        of Covered Source and Products, and the Making of Products. By
   112        exercising any right granted under this Licence, You irrevocably
   113        accept these terms and conditions.
   114  
   115    2.2 This Licence is granted by the Licensor directly to You, and
   116        shall apply worldwide and without limitation in time.
   117  
   118    2.3 You shall not attempt to restrict by contract or otherwise the
   119        rights granted under this Licence to other Licensees.
   120  
   121    2.4 This Licence is not intended to restrict fair use, fair dealing,
   122        or any other similar right.
   123  
   124  
   125  3 Copying, modifying and Conveying Covered Source
   126  
   127    3.1 You may copy and Convey verbatim copies of Covered Source, in
   128        any medium, provided You retain all Notices.
   129  
   130    3.2 You may modify Covered Source, other than Notices, provided that
   131        You irrevocably undertake to make that modified Covered Source
   132        available from a Source Location should You Convey a Product in
   133        circumstances where the recipient does not otherwise receive a
   134        copy of the modified Covered Source. In each case subsection 3.3
   135        shall apply.
   136  
   137        You may only delete Notices if they are no longer applicable to
   138        the corresponding Covered Source as modified by You and You may
   139        add additional Notices applicable to Your modifications.
   140        Including Covered Source in a larger work is modifying the
   141        Covered Source, and the larger work becomes modified Covered
   142        Source.
   143  
   144    3.3 You may Convey modified Covered Source (with the effect that You
   145        shall also become a Licensor) provided that You:
   146  
   147         a) retain Notices as required in subsection 3.2;
   148  
   149         b) add a Notice to the modified Covered Source stating that You
   150            have modified it, with the date and brief description of how
   151            You have modified it;
   152  
   153         c) add a Source Location Notice for the modified Covered Source
   154            if You Convey in circumstances where the recipient does not
   155            otherwise receive a copy of the modified Covered Source; and
   156  
   157         d) license the modified Covered Source under the terms and
   158            conditions of this Licence (or, as set out in subsection
   159            8.3, a later version, if permitted by the licence of the
   160            original Covered Source). Such modified Covered Source must
   161            be licensed as a whole, but excluding Available Components
   162            contained in it, which remain licensed under their own
   163            applicable licences.
   164  
   165  
   166  4 Making and Conveying Products
   167  
   168  You may Make Products, and/or Convey them, provided that You either
   169  provide each recipient with a copy of the Complete Source or ensure
   170  that each recipient is notified of the Source Location of the Complete
   171  Source. That Complete Source is Covered Source, and You must
   172  accordingly satisfy Your obligations set out in subsection 3.3. If
   173  specified in a Notice, the Product must visibly and securely display
   174  the Source Location on it or its packaging or documentation in the
   175  manner specified in that Notice.
   176  
   177  
   178  5 Research and Development
   179  
   180  You may Convey Covered Source, modified Covered Source or Products to
   181  a legal entity carrying out development, testing or quality assurance
   182  work on Your behalf provided that the work is performed on terms which
   183  prevent the entity from both using the Source or Products for its own
   184  internal purposes and Conveying the Source or Products or any
   185  modifications to them to any person other than You. Any modifications
   186  made by the entity shall be deemed to be made by You pursuant to
   187  subsection 3.2.
   188  
   189  
   190  6 DISCLAIMER AND LIABILITY
   191  
   192    6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
   193        are provided 'as is' and any express or implied warranties,
   194        including, but not limited to, implied warranties of
   195        merchantability, of satisfactory quality, non-infringement of
   196        third party rights, and fitness for a particular purpose or use
   197        are disclaimed in respect of any Source or Product to the
   198        maximum extent permitted by law. The Licensor makes no
   199        representation that any Source or Product does not or will not
   200        infringe any patent, copyright, trade secret or other
   201        proprietary right. The entire risk as to the use, quality, and
   202        performance of any Source or Product shall be with You and not
   203        the Licensor. This disclaimer of warranty is an essential part
   204        of this Licence and a condition for the grant of any rights
   205        granted under this Licence.
   206  
   207    6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
   208        the maximum extent permitted by law, have no liability for
   209        direct, indirect, special, incidental, consequential, exemplary,
   210        punitive or other damages of any character including, without
   211        limitation, procurement of substitute goods or services, loss of
   212        use, data or profits, or business interruption, however caused
   213        and on any theory of contract, warranty, tort (including
   214        negligence), product liability or otherwise, arising in any way
   215        in relation to the Covered Source, modified Covered Source
   216        and/or the Making or Conveyance of a Product, even if advised of
   217        the possibility of such damages, and You shall hold the
   218        Licensor(s) free and harmless from any liability, costs,
   219        damages, fees and expenses, including claims by third parties,
   220        in relation to such use.
   221  
   222  
   223  7 Patents
   224  
   225    7.1 Subject to the terms and conditions of this Licence, each
   226        Licensor hereby grants to You a perpetual, worldwide,
   227        non-exclusive, no-charge, royalty-free, irrevocable (except as
   228        stated in subsections 7.2 and 8.4) patent license to Make, have
   229        Made, use, offer to sell, sell, import, and otherwise transfer
   230        the Covered Source and Products, where such licence applies only
   231        to those patent claims licensable by such Licensor that are
   232        necessarily infringed by exercising rights under the Covered
   233        Source as Conveyed by that Licensor.
   234  
   235    7.2 If You institute patent litigation against any entity (including
   236        a cross-claim or counterclaim in a lawsuit) alleging that the
   237        Covered Source or a Product constitutes direct or contributory
   238        patent infringement, or You seek any declaration that a patent
   239        licensed to You under this Licence is invalid or unenforceable
   240        then any rights granted to You under this Licence shall
   241        terminate as of the date such process is initiated.
   242  
   243  
   244  8 General
   245  
   246    8.1 If any provisions of this Licence are or subsequently become
   247        invalid or unenforceable for any reason, the remaining
   248        provisions shall remain effective.
   249  
   250    8.2 You shall not use any of the name (including acronyms and
   251        abbreviations), image, or logo by which the Licensor or CERN is
   252        known, except where needed to comply with section 3, or where
   253        the use is otherwise allowed by law. Any such permitted use
   254        shall be factual and shall not be made so as to suggest any kind
   255        of endorsement or implication of involvement by the Licensor or
   256        its personnel.
   257  
   258    8.3 CERN may publish updated versions and variants of this Licence
   259        which it considers to be in the spirit of this version, but may
   260        differ in detail to address new problems or concerns. New
   261        versions will be published with a unique version number and a
   262        variant identifier specifying the variant. If the Licensor has
   263        specified that a given variant applies to the Covered Source
   264        without specifying a version, You may treat that Covered Source
   265        as being released under any version of the CERN-OHL with that
   266        variant. If no variant is specified, the Covered Source shall be
   267        treated as being released under CERN-OHL-S. The Licensor may
   268        also specify that the Covered Source is subject to a specific
   269        version of the CERN-OHL or any later version in which case You
   270        may apply this or any later version of CERN-OHL with the same
   271        variant identifier published by CERN.
   272  
   273    8.4 This Licence shall terminate with immediate effect if You fail
   274        to comply with any of its terms and conditions.
   275  
   276    8.5 However, if You cease all breaches of this Licence, then Your
   277        Licence from any Licensor is reinstated unless such Licensor has
   278        terminated this Licence by giving You, while You remain in
   279        breach, a notice specifying the breach and requiring You to cure
   280        it within 30 days, and You have failed to come into compliance
   281        in all material respects by the end of the 30 day period. Should
   282        You repeat the breach after receipt of a cure notice and
   283        subsequent reinstatement, this Licence will terminate
   284        immediately and permanently. Section 6 shall continue to apply
   285        after any termination.
   286  
   287    8.6 This Licence shall not be enforceable except by a Licensor
   288        acting as such, and third party beneficiary rights are
   289        specifically excluded.