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CERN Open Hardware Licence Version 2 - Strongly Reciprocal |
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Preamble |
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CERN has developed this licence to promote collaboration among |
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hardware designers and to provide a legal tool which supports the |
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freedom to use, study, modify, share and distribute hardware designs |
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and products based on those designs. Version 2 of the CERN Open |
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Hardware Licence comes in three variants: CERN-OHL-P (permissive); and |
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two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this |
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licence, CERN-OHL-S (strongly reciprocal). |
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The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in |
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unmodified form only. |
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Use of this Licence does not imply any endorsement by CERN of any |
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Licensor or their designs nor does it imply any involvement by CERN in |
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their development. |
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1 Definitions |
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1.1 'Licence' means this CERN-OHL-S. |
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1.2 'Compatible Licence' means |
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a) any earlier version of the CERN Open Hardware licence, or |
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b) any version of the CERN-OHL-S, or |
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c) any licence which permits You to treat the Source to which |
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it applies as licensed under CERN-OHL-S provided that on |
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Conveyance of any such Source, or any associated Product You |
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treat the Source in question as being licensed under |
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CERN-OHL-S. |
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1.3 'Source' means information such as design materials or digital |
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code which can be applied to Make or test a Product or to |
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prepare a Product for use, Conveyance or sale, regardless of its |
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medium or how it is expressed. It may include Notices. |
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1.4 'Covered Source' means Source that is explicitly made available |
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under this Licence. |
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1.5 'Product' means any device, component, work or physical object, |
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whether in finished or intermediate form, arising from the use, |
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application or processing of Covered Source. |
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1.6 'Make' means to create or configure something, whether by |
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manufacture, assembly, compiling, loading or applying Covered |
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Source or another Product or otherwise. |
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1.7 'Available Component' means any part, sub-assembly, library or |
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code which: |
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a) is licensed to You as Complete Source under a Compatible |
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Licence; or |
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b) is available, at the time a Product or the Source containing |
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it is first Conveyed, to You and any other prospective |
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licensees |
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i) as a physical part with sufficient rights and |
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information (including any configuration and |
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programming files and information about its |
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characteristics and interfaces) to enable it either to |
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be Made itself, or to be sourced and used to Make the |
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Product; or |
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ii) as part of the normal distribution of a tool used to |
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design or Make the Product. |
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1.8 'Complete Source' means the set of all Source necessary to Make |
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a Product, in the preferred form for making modifications, |
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including necessary installation and interfacing information |
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both for the Product, and for any included Available Components. |
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If the format is proprietary, it must also be made available in |
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a format (if the proprietary tool can create it) which is |
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viewable with a tool available to potential licensees and |
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licensed under a licence approved by the Free Software |
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Foundation or the Open Source Initiative. Complete Source need |
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not include the Source of any Available Component, provided that |
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You include in the Complete Source sufficient information to |
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enable a recipient to Make or source and use the Available |
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Component to Make the Product. |
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1.9 'Source Location' means a location where a Licensor has placed |
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Covered Source, and which that Licensor reasonably believes will |
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remain easily accessible for at least three years for anyone to |
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obtain a digital copy. |
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1.10 'Notice' means copyright, acknowledgement and trademark notices, |
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Source Location references, modification notices (subsection |
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3.3(b)) and all notices that refer to this Licence and to the |
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disclaimer of warranties that are included in the Covered |
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Source. |
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1.11 'Licensee' or 'You' means any person exercising rights under |
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this Licence. |
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1.12 'Licensor' means a natural or legal person who creates or |
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modifies Covered Source. A person may be a Licensee and a |
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Licensor at the same time. |
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1.13 'Convey' means to communicate to the public or distribute. |
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2 Applicability |
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2.1 This Licence governs the use, copying, modification, Conveying |
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of Covered Source and Products, and the Making of Products. By |
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exercising any right granted under this Licence, You irrevocably |
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accept these terms and conditions. |
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2.2 This Licence is granted by the Licensor directly to You, and |
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shall apply worldwide and without limitation in time. |
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2.3 You shall not attempt to restrict by contract or otherwise the |
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rights granted under this Licence to other Licensees. |
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2.4 This Licence is not intended to restrict fair use, fair dealing, |
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or any other similar right. |
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3 Copying, modifying and Conveying Covered Source |
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3.1 You may copy and Convey verbatim copies of Covered Source, in |
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any medium, provided You retain all Notices. |
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3.2 You may modify Covered Source, other than Notices, provided that |
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You irrevocably undertake to make that modified Covered Source |
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available from a Source Location should You Convey a Product in |
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circumstances where the recipient does not otherwise receive a |
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copy of the modified Covered Source. In each case subsection 3.3 |
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shall apply. |
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You may only delete Notices if they are no longer applicable to |
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the corresponding Covered Source as modified by You and You may |
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add additional Notices applicable to Your modifications. |
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Including Covered Source in a larger work is modifying the |
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Covered Source, and the larger work becomes modified Covered |
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Source. |
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3.3 You may Convey modified Covered Source (with the effect that You |
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shall also become a Licensor) provided that You: |
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a) retain Notices as required in subsection 3.2; |
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b) add a Notice to the modified Covered Source stating that You |
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have modified it, with the date and brief description of how |
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You have modified it; |
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c) add a Source Location Notice for the modified Covered Source |
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if You Convey in circumstances where the recipient does not |
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otherwise receive a copy of the modified Covered Source; and |
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d) license the modified Covered Source under the terms and |
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conditions of this Licence (or, as set out in subsection |
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8.3, a later version, if permitted by the licence of the |
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original Covered Source). Such modified Covered Source must |
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be licensed as a whole, but excluding Available Components |
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contained in it, which remain licensed under their own |
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applicable licences. |
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4 Making and Conveying Products |
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You may Make Products, and/or Convey them, provided that You either |
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provide each recipient with a copy of the Complete Source or ensure |
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that each recipient is notified of the Source Location of the Complete |
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Source. That Complete Source is Covered Source, and You must |
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accordingly satisfy Your obligations set out in subsection 3.3. If |
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specified in a Notice, the Product must visibly and securely display |
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the Source Location on it or its packaging or documentation in the |
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manner specified in that Notice. |
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5 Research and Development |
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You may Convey Covered Source, modified Covered Source or Products to |
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a legal entity carrying out development, testing or quality assurance |
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work on Your behalf provided that the work is performed on terms which |
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prevent the entity from both using the Source or Products for its own |
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internal purposes and Conveying the Source or Products or any |
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modifications to them to any person other than You. Any modifications |
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made by the entity shall be deemed to be made by You pursuant to |
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subsection 3.2. |
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6 DISCLAIMER AND LIABILITY |
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6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products |
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are provided 'as is' and any express or implied warranties, |
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including, but not limited to, implied warranties of |
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merchantability, of satisfactory quality, non-infringement of |
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third party rights, and fitness for a particular purpose or use |
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are disclaimed in respect of any Source or Product to the |
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maximum extent permitted by law. The Licensor makes no |
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representation that any Source or Product does not or will not |
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infringe any patent, copyright, trade secret or other |
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proprietary right. The entire risk as to the use, quality, and |
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performance of any Source or Product shall be with You and not |
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the Licensor. This disclaimer of warranty is an essential part |
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of this Licence and a condition for the grant of any rights |
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granted under this Licence. |
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6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to |
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the maximum extent permitted by law, have no liability for |
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direct, indirect, special, incidental, consequential, exemplary, |
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punitive or other damages of any character including, without |
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limitation, procurement of substitute goods or services, loss of |
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use, data or profits, or business interruption, however caused |
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and on any theory of contract, warranty, tort (including |
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negligence), product liability or otherwise, arising in any way |
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in relation to the Covered Source, modified Covered Source |
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and/or the Making or Conveyance of a Product, even if advised of |
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the possibility of such damages, and You shall hold the |
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Licensor(s) free and harmless from any liability, costs, |
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damages, fees and expenses, including claims by third parties, |
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in relation to such use. |
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7 Patents |
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7.1 Subject to the terms and conditions of this Licence, each |
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Licensor hereby grants to You a perpetual, worldwide, |
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non-exclusive, no-charge, royalty-free, irrevocable (except as |
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stated in subsections 7.2 and 8.4) patent license to Make, have |
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Made, use, offer to sell, sell, import, and otherwise transfer |
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the Covered Source and Products, where such licence applies only |
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to those patent claims licensable by such Licensor that are |
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necessarily infringed by exercising rights under the Covered |
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Source as Conveyed by that Licensor. |
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7.2 If You institute patent litigation against any entity (including |
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a cross-claim or counterclaim in a lawsuit) alleging that the |
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Covered Source or a Product constitutes direct or contributory |
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patent infringement, or You seek any declaration that a patent |
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licensed to You under this Licence is invalid or unenforceable |
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then any rights granted to You under this Licence shall |
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terminate as of the date such process is initiated. |
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8 General |
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8.1 If any provisions of this Licence are or subsequently become |
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invalid or unenforceable for any reason, the remaining |
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provisions shall remain effective. |
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8.2 You shall not use any of the name (including acronyms and |
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abbreviations), image, or logo by which the Licensor or CERN is |
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known, except where needed to comply with section 3, or where |
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the use is otherwise allowed by law. Any such permitted use |
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shall be factual and shall not be made so as to suggest any kind |
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of endorsement or implication of involvement by the Licensor or |
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its personnel. |
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8.3 CERN may publish updated versions and variants of this Licence |
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which it considers to be in the spirit of this version, but may |
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differ in detail to address new problems or concerns. New |
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versions will be published with a unique version number and a |
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variant identifier specifying the variant. If the Licensor has |
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specified that a given variant applies to the Covered Source |
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without specifying a version, You may treat that Covered Source |
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as being released under any version of the CERN-OHL with that |
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variant. If no variant is specified, the Covered Source shall be |
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treated as being released under CERN-OHL-S. The Licensor may |
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also specify that the Covered Source is subject to a specific |
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version of the CERN-OHL or any later version in which case You |
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may apply this or any later version of CERN-OHL with the same |
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variant identifier published by CERN. |
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8.4 This Licence shall terminate with immediate effect if You fail |
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to comply with any of its terms and conditions. |
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8.5 However, if You cease all breaches of this Licence, then Your |
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Licence from any Licensor is reinstated unless such Licensor has |
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terminated this Licence by giving You, while You remain in |
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breach, a notice specifying the breach and requiring You to cure |
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it within 30 days, and You have failed to come into compliance |
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in all material respects by the end of the 30 day period. Should |
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You repeat the breach after receipt of a cure notice and |
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subsequent reinstatement, this Licence will terminate |
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immediately and permanently. Section 6 shall continue to apply |
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after any termination. |
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8.6 This Licence shall not be enforceable except by a Licensor |
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acting as such, and third party beneficiary rights are |
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specifically excluded. |
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