
CERN OHL v1.1

2011-07-08 - CERN, Geneva, Switzerland

CERN Open Hardware Licence v1.1

Preamble

Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the Organization 
wishes to disseminate its hardware designs (as published on http://www.ohwr.org/) 
as widely as possible, and generally to foster collaboration among public research 
hardware designers. The CERN OHL is copyright of CERN. Anyone is welcome to use 
the CERN OHL, in unmodified form only, for the distribution of his own Open 
Hardware designs. Any other right is reserved.

1. Definitions

In this Licence, the following terms have the following meanings:

"Licence" means this CERN OHL.

"Documentation" means schematic diagrams, designs, circuit or circuit board 
layouts, mechanical drawings, flow charts and descriptive text, and other 
explanatory material that is explicitly stated as being made available under 
the conditions of this Licence. The Documentation may be in any medium, 
including but not limited to computer files and representations on paper, 
film, or any other media.

"Product" means either an entire, or any part of a, device built using the 
Documentation or the modified Documentation.

"Licensee" means any natural or legal person exercising rights under this Licence.

"Licensor" means any natural or legal person that creates or modifies 
Documentation and subsequently communicates to the public and/ or distributes 
the resulting Documentation under the terms and conditions of this Licence.

A Licensee may at the same time be a Licensor, and vice versa.

2. Applicability

    2.1 This Licence governs the use, copying, modification, communication 
	to the public and distribution of the Documentation, and the manufacture 
	and distribution of Products. By exercising any right granted under this 
	Licence, the Licensee irrevocably accepts these terms and conditions.
    2.2 This Licence is granted by the Licensor directly to the Licensee, 
	and shall apply worldwide and without limitation in time. The Licensee 
	may assign his licence rights or grant sub-licences.
    2.3 This Licence does not apply to software, firmware, or code loaded 
	into programmable devices which may be used in conjunction with the 
	Documentation, the modified Documentation or with Products. The use of 
	such software, firmware, or code is subject to the applicable licence 
	terms and conditions.

3. Copying, modification, communication to the public and distribution of 
the Documentation

    3.1The Licensee shall keep intact all copyright and trademarks notices 
	and all notices that refer to this Licence and to the disclaimer of 
	warranties that is included in the Documentation. He shall include a 
	copy thereof in every copy of the documentation or, as the case may be, 
	modified Documentation, that he communicates to the public or distributes.
    3.2 The Licensee may use, copy, communicate to the public and distribute 
	verbatim copies of the Documentation, in any medium, subject to the 
	requirements specified in section 3.1.
    3.3The Licensee may modify the Documentation or any portion thereof. The 
	Licensee may communicate to the public and distribute the modified 
	Documentation (thereby in addition to being a Licensee also becoming a 
	Licensor), always provided that he shall:
        a. comply with section 3.1;
        b. cause the modified Documentation to carry prominent notices stating 
		that the Licensee has modified the Documentation, with the date and 
		details of the modifications;
        c. license the modified Documentation under the terms and conditions 
		of this Licence or, where applicable, a later version of this Licence 
		as may be issued by CERN; and
        d. send a copy of the modified Documentation to all Licensors that 
		contributed to the parts of the Documentation that were modified, 
		as well as to any other Licensor who has requested to receive a copy 
		of the modified Documentation and has provided a means of contact 
		with the Documentation.
    3.4 The Licence includes a licence to those patents or registered designs 
	that are held by the Licensor, to the extent necessary to make use of the 
	rights granted under this Licence. The scope of this section 3.4 shall be 
	strictly limited to the parts of the Documentation or modified Documentation 
	created by the Licensor.

4. Manufacture and distribution of Products

    4.1 The Licensee may manufacture or distribute Products always provided 
	that the Licensee distributes to each recipient of such Products a copy 
	of the Documentation or modified Documentation, as applicable, and complies 
	with section 3.
    4.2 The Licensee is invited to inform in writing any Licensor who has 
	indicated its wish to receive this information about the type, quantity 
	and dates of production of Products the Licensee has (had) manufactured.

5. Warranty and liability

    5.1 DISCLAIMER – The Documentation and any modified Documentation are 
	provided "as is" and any express or implied warranties, including, but 
	not limited to, implied warranties of merchantability, of satisfactory 
	quality, and fitness for a particular purpose or use are disclaimed in 
	respect of the Documentation, the modified Documentation or any Product. 
	The Licensor makes no representation that the Documentation, modified 
	Documentation, or any Product, does or will not infringe any patent, 
	copyright, trade secret or other proprietary right. The entire risk as 
	to the use, quality, and performance of a Product shall be with the 
	Licensee 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. The Licensee warrants that it does not act in a 
	consumer capacity.
    5.2 LIMITATION OF LIABILITY – The Licensor shall 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 Documentation, modified Documentation and/or the use, 
	manufacture or distribution of a Product, even if advised of the possibility 
	of such damages, and the Licensee 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.

6. General

    6.1 The rights granted under this Licence do not imply or represent any 
	transfer or assignment of intellectual property rights to the Licensee.
    6.2 The Licensee shall not use or make reference to any of the names, 
	acronyms, images or logos under which the Licensor is known, save in 
	so far as required to comply with section 3. Any such permitted use 
	or reference shall be factual and shall in no event suggest any kind 
	of endorsement by the Licensor or its personnel of the modified 
	Documentation or any Product, or any kind of implication by the Licensor 
	or its personnel in the preparation of the modified Documentation or Product.
    6.3 CERN may publish updated versions of this Licence which retain 
	the same general provisions as this version, but differ in detail so 
	far this is required and reasonable. New versions will be published 
	with a unique version number.
    6.4 This Licence shall terminate with immediate effect, upon written 
	notice and without involvement of a court if the Licensee fails to 
	comply with any of its terms and conditions, or if the Licensee 
	initiates legal action against Licensor in relation to this Licence. 
	Section 5 shall continue to apply.
    6.5 Except as may be otherwise agreed with the Intergovernmental 
	Organization, any dispute with respect to this Licence involving an 
	Intergovernmental Organization shall, by virtue of the latter's 
	Intergovernmental status, be settled by international arbitration. 
	The arbitration proceedings shall be held at the place where the 
	Intergovernmental Organization has its seat. The arbitral award shall 
	be final and binding upon the parties, who hereby expressly agree to 
	renounce any form of appeal or revision.
