1CERN Open Hardware Licence Version 2 - Weakly Reciprocal 2 3Preamble 4 5CERN has developed this licence to promote collaboration among 6hardware designers and to provide a legal tool which supports the 7freedom to use, study, modify, share and distribute hardware designs 8and products based on those designs. Version 2 of the CERN Open 9Hardware Licence comes in three variants: CERN-OHL-P (permissive); and 10two reciprocal licences: this licence, CERN- OHL-W (weakly reciprocal) 11and CERN-OHL-S (strongly reciprocal). 12 13The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in 14unmodified form only. 15 16Use of this Licence does not imply any endorsement by CERN of any 17Licensor or their designs nor does it imply any involvement by CERN in 18their development. 19 20 211 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 1162 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 1333 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 1724 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 1945 Research and Development 195 196You may Convey Covered Source, modified Covered Source or Products to 197a legal entity carrying out development, testing or quality assurance 198work on Your behalf provided that the work is performed on terms which 199prevent the entity from both using the Source or Products for its own 200internal purposes and Conveying the Source or Products or any 201modifications to them to any person other than You. Any modifications 202made by the entity shall be deemed to be made by You pursuant to 203subsection 3.2. 204 205 2066 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 2397 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 2608 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. 311