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CERN OHL v1.1
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2011-07-08 - CERN, Geneva, Switzerland
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CERN Open Hardware Licence v1.1
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Preamble
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Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the Organization
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wishes to disseminate its hardware designs (as published on http://www.ohwr.org/)
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as widely as possible, and generally to foster collaboration among public
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research hardware designers. The CERN OHL is copyright of CERN. Anyone is
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welcome to use the CERN OHL, in unmodified form only, for the distribution
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of his own Open Hardware designs. Any other right is reserved.
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1. Definitions
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In this Licence, the following terms have the following meanings:
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"Licence" means this CERN OHL.
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"Documentation" means schematic diagrams, designs, circuit or circuit board
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layouts, mechanical drawings, flow charts and descriptive text, and other
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explanatory material that is explicitly stated as being made available under
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the conditions of this Licence. The Documentation may be in any medium, including
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but not limited to computer files and representations on paper, film, or any
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other media.
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"Product" means either an entire, or any part of a, device built using the
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Documentation or the modified Documentation.
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"Licensee" means any natural or legal person exercising rights under this
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Licence.
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"Licensor" means any natural or legal person that creates or modifies Documentation
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and subsequently communicates to the public and/ or distributes the resulting
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Documentation under the terms and conditions of this Licence.
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A Licensee may at the same time be a Licensor, and vice versa.
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2. Applicability
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2.1 This Licence governs the use, copying, modification, communication to
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the public and distribution of the Documentation, and the manufacture and
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distribution of Products. By exercising any right granted under this Licence,
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the Licensee irrevocably accepts these terms and conditions.
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2.2 This Licence is granted by the Licensor directly to the Licensee, and
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shall apply worldwide and without limitation in time. The Licensee may assign
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his licence rights or grant sub-licences.
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2.3 This Licence does not apply to software, firmware, or code loaded into
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programmable devices which may be used in conjunction with the Documentation,
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the modified Documentation or with Products. The use of such software, firmware,
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or code is subject to the applicable licence terms and conditions.
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3. Copying, modification, communication to the public and distribution of
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the Documentation
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3.1 The Licensee shall keep intact all copyright and trademarks notices and
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all notices that refer to this Licence and to the disclaimer of warranties
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that is included in the Documentation. He shall include a copy thereof in
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every copy of the documentation or, as the case may be, modified Documentation,
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that he communicates to the public or distributes.
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3.2 The Licensee may use, copy, communicate to the public and distribute verbatim
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copies of the Documentation, in any medium, subject to the requirements specified
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in section 3.1.
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3.3 The Licensee may modify the Documentation or any portion thereof. The
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Licensee may communicate to the public and distribute the modified Documentation
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(thereby in addition to being a Licensee also becoming a Licensor), always
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provided that he shall:
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a. comply with section 3.1;
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b. cause the modified Documentation to carry prominent notices stating that
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the Licensee has modified the Documentation, with the date and details of
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the modifications;
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c. license the modified Documentation under the terms and conditions of this
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Licence or, where applicable, a later version of this Licence as may be issued
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by CERN; and
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d. send a copy of the modified Documentation to all Licensors that contributed
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to the parts of the Documentation that were modified, as well as to any other
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Licensor who has requested to receive a copy of the modified Documentation
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and has provided a means of contact with the Documentation.
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3.4 The Licence includes a licence to those patents or registered designs
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that are held by the Licensor, to the extent necessary to make use of the
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rights granted under this Licence. The scope of this section 3.4 shall be
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strictly limited to the parts of the Documentation or modified Documentation
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created by the Licensor.
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4. Manufacture and distribution of Products
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4.1 The Licensee may manufacture or distribute Products always provided that
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the Licensee distributes to each recipient of such Products a copy of the
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Documentation or modified Documentation, as applicable, and complies with
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section 3.
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4.2 The Licensee is invited to inform in writing any Licensor who has indicated
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its wish to receive this information about the type, quantity and dates of
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production of Products the Licensee has (had) manufactured.
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5. Warranty and liability
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5.1 DISCLAIMER – The Documentation and any modified Documentation are provided
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"as is" and any express or implied warranties, including, but not limited
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to, implied warranties of merchantability, of satisfactory quality, and fitness
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for a particular purpose or use are disclaimed in respect of the Documentation,
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the modified Documentation or any Product. The Licensor makes no representation
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that the Documentation, modified Documentation, or any Product, does or will
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not infringe any patent, copyright, trade secret or other proprietary right.
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The entire risk as to the use, quality, and performance of a Product shall
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be with the Licensee and not the Licensor. This disclaimer of warranty is
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an essential part of this Licence and a condition for the grant of any rights
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granted under this Licence. The Licensee warrants that it does not act in
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a consumer capacity.
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5.2 LIMITATION OF LIABILITY – The Licensor shall have no liability for direct,
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indirect, special, incidental, consequential, exemplary, punitive or other
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damages of any character including, without limitation, procurement of substitute
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goods or services, loss of use, data or profits, or business interruption,
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however caused and on any theory of contract, warranty, tort (including negligence),
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product liability or otherwise, arising in any way in relation to the Documentation,
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modified Documentation and/or the use, manufacture or distribution of a Product,
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even if advised of the possibility of such damages, and the Licensee shall
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hold the Licensor(s) free and harmless from any liability, costs, damages,
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fees and expenses, including claims by third parties, in relation to such
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use.
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6. General
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6.1 The rights granted under this Licence do not imply or represent any transfer
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or assignment of intellectual property rights to the Licensee.
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6.2 The Licensee shall not use or make reference to any of the names, acronyms,
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images or logos under which the Licensor is known, save in so far as required
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to comply with section 3. Any such permitted use or reference shall be factual
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and shall in no event suggest any kind of endorsement by the Licensor or its
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personnel of the modified Documentation or any Product, or any kind of implication
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by the Licensor or its personnel in the preparation of the modified Documentation
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or Product.
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6.3 CERN may publish updated versions of this Licence which retain the same
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general provisions as this version, but differ in detail so far this is required
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and reasonable. New versions will be published with a unique version number.
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6.4 This Licence shall terminate with immediate effect, upon written notice
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and without involvement of a court if the Licensee fails to comply with any
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of its terms and conditions, or if the Licensee initiates legal action against
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Licensor in relation to this Licence. Section 5 shall continue to apply.
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6.5 Except as may be otherwise agreed with the Intergovernmental Organization,
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any dispute with respect to this Licence involving an Intergovernmental Organization
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shall, by virtue of the latter's Intergovernmental status, be settled by international
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arbitration. The arbitration proceedings shall be held at the place where
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the Intergovernmental Organization has its seat. The arbitral award shall
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be final and binding upon the parties, who hereby expressly agree to renounce
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any form of appeal or revision.
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