CERN Open Hardware Licence Version 2 – Strongly Reciprocal

(CERN-OHL-S v2)

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: CERN-OHL-W (weakly reciprocal) and this licence, CERN-OHL-S (strongly reciprocal).

The CERN-OHL-S 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-S.

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
c) any licence which permits You to treat the Source to which it applies as licensed under CERN-OHL-S 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.

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) as a physical part with sufficient rights and information to enable it to be Made or sourced; or
ii) as part of the normal distribution of a tool used to design or Make the Product.

1.8

‘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 viewable open-tool format.
Complete Source need not include the Source for any Available Component, provided You include sufficient information to enable it to be sourced and used.

1.9

‘Source Location’ means a location where a Licensor has placed Covered Source, reasonably expected to remain accessible for at least three years.

1.10

‘Notice’ means copyright notices, acknowledgements, trademark notices, modification notices, Source Location references, and all licence references included in the Covered Source.

1.11

‘Licensee’ or ‘You’ means any person exercising rights under this Licence.

1.12

‘Licensor’ means a natural or legal person who creates or modifies Covered Source. A person may be both Licensee and Licensor.

1.13

‘Convey’ means to communicate to the public or distribute.

2. Applicability
2.1

This Licence governs use, copying, modification, Conveyance of Covered Source and Products, and the Making of Products. Use of any rights implies acceptance of these terms.

2.2

This Licence is granted worldwide and without time limitation.

2.3

You may not restrict the rights granted by this Licence.

2.4

This Licence does not restrict fair use, fair dealing, or similar rights.

3. Copying, Modifying and Conveying Covered Source
3.1

You may copy and Convey verbatim copies of Covered Source provided all Notices are retained.

3.2

You may modify Covered Source (except Notices) provided you:

make your modified Covered Source available at a Source Location if you Convey a Product without the Source,

retain applicable Notices,

add new Notices for your modifications,

understand that including Covered Source in a larger work counts as modification.

3.3

You may Convey modified Covered Source provided that You:

a) retain Notices;
b) add a Notice describing your modifications and date;
c) add a Source Location Notice if the recipient does not receive the modified Source;
d) license the modified Covered Source as a whole under CERN-OHL-S (or allowed later version).
Available Components remain under their own licences.

4. Making and Conveying Products

You may Make and/or Convey Products provided you either:

include a copy of the Complete Source, or

notify each recipient of the Source Location of the Complete Source.

If a Notice requires it, the Product must visibly display the Source Location.

5. Research and Development

You may Convey Covered Source, modified Covered Source or Products to an entity performing development, testing, or QA for you—provided they:

cannot use the Source or Products internally,

cannot Convey them to others.

Modifications they make are deemed made by You.

6. Disclaimer and Liability
6.1 Disclaimer of Warranty

Covered Source and Products are provided “as is”. All warranties (including merchantability, non-infringement, and fitness for purpose) are disclaimed to the maximum extent allowed by law.
All risk lies with You.

6.2 Exclusion and Limitation of Liability

Licensor is not liable for any damages (direct, indirect, incidental, consequential, etc.) arising from the Covered Source, modified Source, or Products.
You agree to hold Licensor harmless.

7. Patents
7.1

Licensor grants a perpetual, worldwide, royalty-free patent licence for patent claims necessarily infringed by the Covered Source as Conveyed.

7.2

If You initiate patent litigation alleging infringement by Covered Source or a Product, your rights under this Licence terminate.

8. General
8.1

Invalid or unenforceable provisions do not affect the remainder of the Licence.

8.2

You may not use the name, acronym, or logo of the Licensor or CERN except as required for Notices or where permitted by law; never implying endorsement.

8.3

CERN may publish new versions or variants. If no version is specified, the Covered Source is treated as under CERN-OHL-S. Licensor may specify version-flexibility (“any later version”).

8.4

This Licence terminates immediately if You fail to comply.

8.5

Your licence is reinstated if you cure the breach within 30 days after notice. Repeating breaches after reinstatement terminates the Licence permanently. Section 6 survives termination.

8.6

Only a Licensor may enforce this Licence. Third-party beneficiary rights are excluded.
