mirror of
https://codeberg.org/forgejo/forgejo.git
synced 2024-12-27 08:42:14 +01:00
84eac6ed6c
* Add make targed generate-license & generate-gitignore * Update Gitignores & Licenses Co-authored-by: techknowlogick <techknowlogick@gitea.io>
261 lines
13 KiB
Text
261 lines
13 KiB
Text
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.
|