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

     1  CERN Open Hardware Licence Version 2 - Weakly Reciprocal
     2  
     3  Preamble
     4  
     5  CERN has developed this licence to promote collaboration among
     6  hardware designers and to provide a legal tool which supports the
     7  freedom to use, study, modify, share and distribute hardware designs
     8  and products based on those designs. Version 2 of the CERN Open
     9  Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
    10  two reciprocal licences: this licence, CERN- OHL-W (weakly reciprocal)
    11  and CERN-OHL-S (strongly reciprocal).
    12  
    13  The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in
    14  unmodified form only.
    15  
    16  Use of this Licence does not imply any endorsement by CERN of any
    17  Licensor or their designs nor does it imply any involvement by CERN in
    18  their development.
    19  
    20  
    21  1 Definitions
    22  
    23    1.1 'Licence' means this CERN-OHL-W.
    24  
    25    1.2 'Compatible Licence' means
    26  
    27         a) any earlier version of the CERN Open Hardware licence, or
    28  
    29         b) any version of the CERN-OHL-S or the CERN-OHL-W, or
    30  
    31         c) any licence which permits You to treat the Source to which
    32            it applies as licensed under CERN-OHL-S or CERN-OHL-W
    33            provided that on Conveyance of any such Source, or any
    34            associated Product You treat the Source in question as being
    35            licensed under CERN-OHL-S or CERN-OHL-W as appropriate.
    36  
    37    1.3 'Source' means information such as design materials or digital
    38        code which can be applied to Make or test a Product or to
    39        prepare a Product for use, Conveyance or sale, regardless of its
    40        medium or how it is expressed. It may include Notices.
    41  
    42    1.4 'Covered Source' means Source that is explicitly made available
    43        under this Licence.
    44  
    45    1.5 'Product' means any device, component, work or physical object,
    46        whether in finished or intermediate form, arising from the use,
    47        application or processing of Covered Source.
    48  
    49    1.6 'Make' means to create or configure something, whether by
    50        manufacture, assembly, compiling, loading or applying Covered
    51        Source or another Product or otherwise.
    52  
    53    1.7 'Available Component' means any part, sub-assembly, library or
    54        code which:
    55  
    56        a) is licensed to You as Complete Source under a Compatible
    57           Licence; or
    58  
    59        b) is available, at the time a Product or the Source containing
    60           it is first Conveyed, to You and any other prospective
    61           licensees
    62  
    63             i) with sufficient rights and information (including any
    64                configuration and programming files and information
    65                about its characteristics and interfaces) to enable it
    66                either to be Made itself, or to be sourced and used to
    67                Make the Product; or
    68            ii) as part of the normal distribution of a tool used to
    69                design or Make the Product.
    70  
    71    1.8 'External Material' means anything (including Source) which:
    72  
    73        a) is only combined with Covered Source in such a way that it
    74           interfaces with the Covered Source using a documented
    75           interface which is described in the Covered Source; and
    76  
    77        b) is not a derivative of or contains Covered Source, or, if it
    78           is, it is solely to the extent necessary to facilitate such
    79           interfacing.
    80  
    81    1.9 'Complete Source' means the set of all Source necessary to Make
    82        a Product, in the preferred form for making modifications,
    83        including necessary installation and interfacing information
    84        both for the Product, and for any included Available Components.
    85        If the format is proprietary, it must also be made available in
    86        a format (if the proprietary tool can create it) which is
    87        viewable with a tool available to potential licensees and
    88        licensed under a licence approved by the Free Software
    89        Foundation or the Open Source Initiative. Complete Source need
    90        not include the Source of any Available Component, provided that
    91        You include in the Complete Source sufficient information to
    92        enable a recipient to Make or source and use the Available
    93        Component to Make the Product.
    94  
    95   1.10 'Source Location' means a location where a Licensor has placed
    96        Covered Source, and which that Licensor reasonably believes will
    97        remain easily accessible for at least three years for anyone to
    98        obtain a digital copy.
    99  
   100   1.11 'Notice' means copyright, acknowledgement and trademark notices,
   101        Source Location references, modification notices (subsection
   102        3.3(b)) and all notices that refer to this Licence and to the
   103        disclaimer of warranties that are included in the Covered
   104        Source.
   105  
   106   1.12 'Licensee' or 'You' means any person exercising rights under
   107        this Licence.
   108  
   109   1.13 'Licensor' means a natural or legal person who creates or
   110        modifies Covered Source. A person may be a Licensee and a
   111        Licensor at the same time.
   112  
   113   1.14 'Convey' means to communicate to the public or distribute.
   114  
   115  
   116  2 Applicability
   117  
   118    2.1 This Licence governs the use, copying, modification, Conveying
   119        of Covered Source and Products, and the Making of Products. By
   120        exercising any right granted under this Licence, You irrevocably
   121        accept these terms and conditions.
   122  
   123    2.2 This Licence is granted by the Licensor directly to You, and
   124        shall apply worldwide and without limitation in time.
   125  
   126    2.3 You shall not attempt to restrict by contract or otherwise the
   127        rights granted under this Licence to other Licensees.
   128  
   129    2.4 This Licence is not intended to restrict fair use, fair dealing,
   130        or any other similar right.
   131  
   132  
   133  3 Copying, modifying and Conveying Covered Source
   134  
   135    3.1 You may copy and Convey verbatim copies of Covered Source, in
   136        any medium, provided You retain all Notices.
   137  
   138    3.2 You may modify Covered Source, other than Notices, provided that
   139        You irrevocably undertake to make that modified Covered Source
   140        available from a Source Location should You Convey a Product in
   141        circumstances where the recipient does not otherwise receive a
   142        copy of the modified Covered Source. In each case subsection 3.3
   143        shall apply.
   144  
   145        You may only delete Notices if they are no longer applicable to
   146        the corresponding Covered Source as modified by You and You may
   147        add additional Notices applicable to Your modifications.
   148  
   149    3.3 You may Convey modified Covered Source (with the effect that You
   150        shall also become a Licensor) provided that You:
   151  
   152         a) retain Notices as required in subsection 3.2;
   153  
   154         b) add a Notice to the modified Covered Source stating that You
   155            have modified it, with the date and brief description of how
   156            You have modified it;
   157  
   158         c) add a Source Location Notice for the modified Covered Source
   159            if You Convey in circumstances where the recipient does not
   160            otherwise receive a copy of the modified Covered Source; and
   161  
   162         d) license the modified Covered Source under the terms and
   163            conditions of this Licence (or, as set out in subsection
   164            8.3, a later version, if permitted by the licence of the
   165            original Covered Source). Such modified Covered Source must
   166            be licensed as a whole, but excluding Available Components
   167            contained in it or External Material to which it is
   168            interfaced, which remain licensed under their own applicable
   169            licences.
   170  
   171  
   172  4 Making and Conveying Products
   173  
   174    4.1 You may Make Products, and/or Convey them, provided that You
   175        either provide each recipient with a copy of the Complete Source
   176        or ensure that each recipient is notified of the Source Location
   177        of the Complete Source. That Complete Source includes Covered
   178        Source and You must accordingly satisfy Your obligations set out
   179        in subsection 3.3. If specified in a Notice, the Product must
   180        visibly and securely display the Source Location on it or its
   181        packaging or documentation in the manner specified in that
   182        Notice.
   183  
   184    4.2 Where You Convey a Product which incorporates External Material,
   185        the Complete Source for that Product which You are required to
   186        provide under subsection 4.1 need not include any Source for the
   187        External Material.
   188  
   189    4.3 You may license Products under terms of Your choice, provided
   190        that such terms do not restrict or attempt to restrict any
   191        recipients' rights under this Licence to the Covered Source.
   192  
   193  
   194  5 Research and Development
   195  
   196  You may Convey Covered Source, modified Covered Source or Products to
   197  a legal entity carrying out development, testing or quality assurance
   198  work on Your behalf provided that the work is performed on terms which
   199  prevent the entity from both using the Source or Products for its own
   200  internal purposes and Conveying the Source or Products or any
   201  modifications to them to any person other than You. Any modifications
   202  made by the entity shall be deemed to be made by You pursuant to
   203  subsection 3.2.
   204  
   205  
   206  6 DISCLAIMER AND LIABILITY
   207  
   208    6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
   209        are provided 'as is' and any express or implied warranties,
   210        including, but not limited to, implied warranties of
   211        merchantability, of satisfactory quality, non-infringement of
   212        third party rights, and fitness for a particular purpose or use
   213        are disclaimed in respect of any Source or Product to the
   214        maximum extent permitted by law. The Licensor makes no
   215        representation that any Source or Product does not or will not
   216        infringe any patent, copyright, trade secret or other
   217        proprietary right. The entire risk as to the use, quality, and
   218        performance of any Source or Product shall be with You and not
   219        the Licensor. This disclaimer of warranty is an essential part
   220        of this Licence and a condition for the grant of any rights
   221        granted under this Licence.
   222  
   223    6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
   224        the maximum extent permitted by law, have no liability for
   225        direct, indirect, special, incidental, consequential, exemplary,
   226        punitive or other damages of any character including, without
   227        limitation, procurement of substitute goods or services, loss of
   228        use, data or profits, or business interruption, however caused
   229        and on any theory of contract, warranty, tort (including
   230        negligence), product liability or otherwise, arising in any way
   231        in relation to the Covered Source, modified Covered Source
   232        and/or the Making or Conveyance of a Product, even if advised of
   233        the possibility of such damages, and You shall hold the
   234        Licensor(s) free and harmless from any liability, costs,
   235        damages, fees and expenses, including claims by third parties,
   236        in relation to such use.
   237  
   238  
   239  7 Patents
   240  
   241    7.1 Subject to the terms and conditions of this Licence, each
   242        Licensor hereby grants to You a perpetual, worldwide,
   243        non-exclusive, no-charge, royalty-free, irrevocable (except as
   244        stated in subsections 7.2 and 8.4) patent license to Make, have
   245        Made, use, offer to sell, sell, import, and otherwise transfer
   246        the Covered Source and Products, where such licence applies only
   247        to those patent claims licensable by such Licensor that are
   248        necessarily infringed by exercising rights under the Covered
   249        Source as Conveyed by that Licensor.
   250  
   251    7.2 If You institute patent litigation against any entity (including
   252        a cross-claim or counterclaim in a lawsuit) alleging that the
   253        Covered Source or a Product constitutes direct or contributory
   254        patent infringement, or You seek any declaration that a patent
   255        licensed to You under this Licence is invalid or unenforceable
   256        then any rights granted to You under this Licence shall
   257        terminate as of the date such process is initiated.
   258  
   259  
   260  8 General
   261  
   262    8.1 If any provisions of this Licence are or subsequently become
   263        invalid or unenforceable for any reason, the remaining
   264        provisions shall remain effective.
   265  
   266    8.2 You shall not use any of the name (including acronyms and
   267        abbreviations), image, or logo by which the Licensor or CERN is
   268        known, except where needed to comply with section 3, or where
   269        the use is otherwise allowed by law. Any such permitted use
   270        shall be factual and shall not be made so as to suggest any kind
   271        of endorsement or implication of involvement by the Licensor or
   272        its personnel.
   273  
   274    8.3 CERN may publish updated versions and variants of this Licence
   275        which it considers to be in the spirit of this version, but may
   276        differ in detail to address new problems or concerns. New
   277        versions will be published with a unique version number and a
   278        variant identifier specifying the variant. If the Licensor has
   279        specified that a given variant applies to the Covered Source
   280        without specifying a version, You may treat that Covered Source
   281        as being released under any version of the CERN-OHL with that
   282        variant. If no variant is specified, the Covered Source shall be
   283        treated as being released under CERN-OHL-S. The Licensor may
   284        also specify that the Covered Source is subject to a specific
   285        version of the CERN-OHL or any later version in which case You
   286        may apply this or any later version of CERN-OHL with the same
   287        variant identifier published by CERN.
   288  
   289        You may treat Covered Source licensed under CERN-OHL-W as
   290        licensed under CERN-OHL-S if and only if all Available
   291        Components referenced in the Covered Source comply with the
   292        corresponding definition of Available Component for CERN-OHL-S.
   293  
   294    8.4 This Licence shall terminate with immediate effect if You fail
   295        to comply with any of its terms and conditions.
   296  
   297    8.5 However, if You cease all breaches of this Licence, then Your
   298        Licence from any Licensor is reinstated unless such Licensor has
   299        terminated this Licence by giving You, while You remain in
   300        breach, a notice specifying the breach and requiring You to cure
   301        it within 30 days, and You have failed to come into compliance
   302        in all material respects by the end of the 30 day period. Should
   303        You repeat the breach after receipt of a cure notice and
   304        subsequent reinstatement, this Licence will terminate
   305        immediately and permanently. Section 6 shall continue to apply
   306        after any termination.
   307  
   308    8.6 This Licence shall not be enforceable except by a Licensor
   309        acting as such, and third party beneficiary rights are
   310        specifically excluded.