CERN Open Hardware Licence Version 2 - Weakly Reciprocal

License Text (html): 

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.

License Text (txt): 

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.

License Steward: 
SPDX Identifier: 
Canonical URL: 
https://ohwr.org/cern_ohl_w_v2.pdf
Short Title: 
CERN-OHL-W-2.0

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