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