github.com/apache/skywalking-eyes@v0.6.0/assets/lcs-templates/TAPR-OHL-1.0.txt (about)

     1  The TAPR Open Hardware License
     2  Version 1.0 (May 25, 2007)
     3  Copyright 2007 TAPR - http://www.tapr.org/OHL
     4  
     5  PREAMBLE
     6  
     7  Open Hardware is a thing - a physical artifact, either electrical or
     8  mechanical - whose design information is available to, and usable by,
     9  the public in a way that allows anyone to make, modify, distribute, and
    10  use that thing.  In this preface, design information is called
    11  "documentation" and things created from it are called "products."
    12  
    13  The TAPR Open Hardware License ("OHL") agreement provides a legal
    14  framework for Open Hardware projects.  It may be used for any kind of
    15  product, be it a hammer or a computer motherboard, and is TAPR's
    16  contribution to the community; anyone may use the OHL for their Open
    17  Hardware project.
    18  
    19  Like the GNU General Public License, the OHL is designed to guarantee
    20  your freedom to share and to create.  It forbids anyone who receives
    21  rights under the OHL to deny any other licensee those same rights to
    22  copy, modify, and distribute documentation, and to make, use and
    23  distribute products based on that documentation.
    24  
    25  Unlike the GPL, the OHL is not primarily a copyright license.  While
    26  copyright protects documentation from unauthorized copying, modification,
    27  and distribution, it has little to do with your right to make, distribute,
    28  or use a product based on that documentation.  For better or worse, patents
    29  play a significant role in those activities.  Although it does not prohibit
    30  anyone from patenting inventions embodied in an Open Hardware design, and
    31  of course cannot prevent a third party from enforcing their patent rights,
    32  those who benefit from an OHL design may not bring lawsuits claiming that
    33  design infringes their patents or other intellectual property.
    34  
    35  The OHL addresses unique issues involved in the creation of tangible,
    36  physical things, but does not cover software, firmware, or code loaded
    37  into programmable devices.  A copyright-oriented license such as the GPL
    38  better suits these creations.
    39  
    40  How can you use the OHL, or a design based upon it?  While the terms and
    41  conditions below take precedence over this preamble, here is a summary:
    42  
    43  *  You may modify the documentation and make products based upon it.
    44  
    45  *  You may use products for any legal purpose without limitation.
    46  
    47  *  You may distribute unmodified documentation, but you must include the
    48  complete package as you received it.
    49  
    50  *  You may distribute products you make to third parties, if you either
    51  include the documentation on which the product is based, or make it
    52  available without charge for at least three years to anyone who requests
    53  it.
    54  
    55  *  You may distribute modified documentation or products based on it, if
    56  you:
    57      *  License your modifications under the OHL.
    58      *  Include those modifications, following the requirements stated
    59         below.
    60      *  Attempt to send the modified documentation by email to any of the
    61         developers who have provided their email address.  This is a good
    62         faith obligation - if the email fails, you need do nothing more
    63         and may go on with your distribution.
    64  
    65  *  If you create a design that you want to license under the OHL, you
    66  should:
    67      *  Include this document in a file named LICENSE (with the appropriate
    68         extension) that is included in the documentation package.
    69      *  If the file format allows, include a notice like "Licensed under
    70         the TAPR Open Hardware License (www.tapr.org/OHL)" in each
    71         documentation file.  While not required, you should also include
    72         this notice on printed circuit board artwork and the product
    73         itself; if space is limited the notice can be shortened or
    74         abbreviated.
    75      *  Include a copyright notice in each file and on printed circuit
    76         board artwork.
    77      *  If you wish to be notified of modifications that others may make,
    78         include your email address in a file named "CONTRIB.TXT" or
    79         something similar.
    80  
    81  *  Any time the OHL requires you to make documentation available to
    82  others, you must include all the materials you received from the
    83  upstream licensors.  In addition, if you have modified the
    84  documentation:
    85      *  You must identify the modifications in a text file (preferably
    86         named "CHANGES.TXT") that you include with the documentation.
    87         That file must also include a statement like "These modifications
    88         are licensed under the TAPR Open Hardware License."
    89      *  You must include any new files you created, including any
    90         manufacturing files (such as Gerber files) you create in the
    91         course of making products.
    92      *  You must include both "before" and "after" versions of all files
    93         you modified.
    94      *  You may include files in proprietary formats, but you must also
    95         include open format versions (such as Gerber, ASCII, Postscript,
    96         or PDF) if your tools can create them.
    97  
    98  TERMS AND CONDITIONS
    99  
   100  1.   Introduction
   101  1.1  This Agreement governs how you may use, copy, modify, and
   102  distribute Documentation, and how you may make, have made, and
   103  distribute Products based on that Documentation.  As used in this
   104  Agreement, to "distribute" Documentation means to directly or indirectly
   105  make copies available to a third party, and to "distribute" Products
   106  means to directly or indirectly give, loan, sell or otherwise transfer
   107  them to a third party.
   108  
   109  1.2  "Documentation" includes:
   110       (a) schematic diagrams;
   111       (b) circuit or circuit board layouts, including Gerber and other
   112           data files used for manufacture;
   113       (c) mechanical drawings, including CAD, CAM, and other data files
   114           used for manufacture;
   115       (d) flow charts and descriptive text; and
   116       (e) other explanatory material.
   117  Documentation may be in any tangible or intangible form of expression,
   118  including but not limited to computer files in open or proprietary
   119  formats and representations on paper, film, or other media.
   120  
   121  1.3  "Products" include:
   122       (a) circuit boards, mechanical assemblies, and other physical parts
   123           and components;
   124       (b) assembled or partially assembled units (including components
   125           and subassemblies); and
   126       (c) parts and components combined into kits intended for assembly
   127           by others;
   128  which are based in whole or in part on the Documentation.
   129  
   130  1.4  This Agreement applies to any Documentation which contains a
   131  notice stating it is subject to the TAPR Open Hardware License, and to
   132  all Products based in whole or in part on that Documentation.  If
   133  Documentation is distributed in an archive (such as a "zip" file) which
   134  includes this document, all files in that archive are subject to this
   135  Agreement unless they are specifically excluded.  Each person who
   136  contributes content to the Documentation is referred to in this
   137  Agreement as a "Licensor."
   138  
   139  1.5  By (a) using, copying, modifying, or distributing the
   140  Documentation, or (b) making or having Products made or distributing
   141  them, you accept this Agreement, agree to comply with its terms, and
   142  become a "Licensee."  Any activity inconsistent with this Agreement will
   143  automatically terminate your rights under it (including the immunities
   144  from suit granted in Section 2), but the rights of others who have
   145  received Documentation, or have obtained Products, directly or
   146  indirectly from you will not be affected so long as they fully comply
   147  with it themselves.
   148  
   149  1.6  This Agreement does not apply to software, firmware, or code
   150  loaded into programmable devices which may be used in conjunction with
   151  Documentation or Products.  Such software is subject to the license
   152  terms established by its copyright holder(s).
   153  
   154  2.   Patents
   155  2.1  Each Licensor grants you, every other Licensee, and every
   156  possessor or user of Products a perpetual, worldwide, and royalty-free
   157  immunity from suit under any patent, patent application, or other
   158  intellectual property right which he or she controls, to the extent
   159  necessary to make, have made, possess, use, and distribute Products.
   160  This immunity does not extend to infringement arising from modifications
   161  subsequently made by others.
   162  
   163  2.2  If you make or have Products made, or distribute Documentation
   164  that you have modified, you grant every Licensor, every other Licensee,
   165  and every possessor or user of Products a perpetual, worldwide, and
   166  royalty-free immunity from suit under any patent, patent application, or
   167  other intellectual property right which you control, to the extent
   168  necessary to make, have made, possess, use, and distribute Products.
   169  This immunity does not extend to infringement arising from modifications
   170  subsequently made by others.
   171  
   172  2.3  To avoid doubt, providing Documentation to a third party for the
   173  sole purpose of having that party make Products on your behalf is not
   174  considered "distribution,"\" and a third party's act of making Products
   175  solely on your behalf does not cause that party to grant the immunity
   176  described in the preceding paragraph.
   177  
   178  2.4  These grants of immunity are a material part of this Agreement,
   179  and form a portion of the consideration given by each party to the
   180  other.  If any court judgment or legal agreement prevents you from
   181  granting the immunity required by this Section, your rights under this
   182  Agreement will terminate and you may no longer use, copy, modify or
   183  distribute the Documentation, or make, have made, or distribute
   184  Products.
   185  
   186  3.   Modifications
   187  You may modify the Documentation, and those modifications will become
   188  part of the Documentation.  They are subject to this Agreement, as are
   189  Products based in whole or in part on them.  If you distribute the
   190  modified Documentation, or Products based in whole or in part upon it,
   191  you must email the modified Documentation in a form compliant with
   192  Section 4 to each Licensor who has provided an email address with the
   193  Documentation.  Attempting to send the email completes your obligations
   194  under this Section and you need take no further action if any address
   195  fails.
   196  
   197  4.   Distributing Documentation
   198  4.1  You may distribute unmodified copies of the Documentation in its
   199  entirety in any medium, provided that you retain all copyright and other
   200  notices (including references to this Agreement) included by each
   201  Licensor, and include an unaltered copy of this Agreement.
   202  4.2  You may distribute modified copies of the Documentation if you
   203  comply with all the requirements of the preceding paragraph and:
   204       (a) include a prominent notice in an ASCII or other open format
   205           file identifying those elements of the Documentation that you
   206           changed, and stating that the modifications are licensed under
   207           the terms of this Agreement;
   208       (b) include all new documentation files that you create, as well as
   209           both the original and modified versions of each file you change
   210           (files may be in your development tool's native file format,
   211           but if reasonably possible, you must also include open format,
   212           such as Gerber, ASCII, Postscript, or PDF, versions);
   213       (c) do not change the terms of this Agreement with respect to
   214           subsequent licensees; and
   215       (d) if you make or have Products made, include in the Documentation
   216           all elements reasonably required to permit others to make
   217           Products, including Gerber, CAD/CAM and other files used for
   218           manufacture.
   219  
   220  5.   Making Products
   221  5.1  You may use the Documentation to make or have Products made,
   222  provided that each Product retains any notices included by the Licensor
   223  (including, but not limited to, copyright notices on circuit boards).
   224  5.2  You may distribute Products you make or have made, provided that
   225  you include with each unit a copy of the Documentation in a form
   226  consistent with Section 4.  Alternatively, you may include either (i) an
   227  offer valid for at least three years to provide that Documentation, at
   228  no charge other than the reasonable cost of media and postage, to any
   229  person who requests it; or (ii) a URL where that Documentation may be
   230  downloaded, available for at least three years after you last distribute
   231  the Product.
   232  
   233  6.   NEW LICENSE VERSIONS
   234  TAPR may publish updated versions of the OHL which retain the same
   235  general provisions as the present version, but differ in detail to
   236  address new problems or concerns, and carry a distinguishing version
   237  number.  If the Documentation specifies a version number which applies
   238  to it and "any later version", you may choose either that version or any
   239  later version published by TAPR.  If the Documentation does not specify
   240  a version number, you may choose any version ever published by TAPR.
   241  TAPR owns the copyright to the OHL, but grants permission to any person
   242  to copy, distribute, and use it in unmodified form.
   243  
   244  7.   WARRANTY AND LIABILITY LIMITATIONS
   245  7.1  THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT
   246  WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  ALL
   247  WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
   248  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
   249  TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.
   250  7.2  IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR
   251  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
   252  INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF
   253  THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS,
   254  INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY
   255  INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
   256  POSSIBILITY OF SUCH DAMAGES.
   257  7.3  You agree that the foregoing limitations are reasonable due to
   258  the non-financial nature of the transaction represented by this
   259  Agreement, and acknowledge that were it not for these limitations, the
   260  Licensor(s) would not be willing to make the Documentation available to
   261  you.
   262  7.4  You agree to defend, indemnify, and hold each Licensor harmless
   263  from any claim brought by a third party alleging any defect in the
   264  design, manufacture, or operation of any Product which you make, have
   265  made, or distribute pursuant to this Agreement.
   266                                   ####