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- Open Hardware Description License Version 1.0
- (Based on the MPL 2.0 RC2)
- ========================================================
-
- 1. Definitions
- --------------
-
- 1.1. "Contributor"
- means each individual or legal entity that creates, contributes to
- the creation of, or owns a Covered Hardware Description.
-
- 1.2. "Contributor Version"
- means the combination of the Contributions of others (if any) used
- by a Contributor and that particular Contributor's Contribution.
-
- 1.3. "Contribution"
- means Covered Hardware Description of a particular Contributor.
-
- 1.4. "Covered Hardware Description"
- means Source Code Form to which the initial Contributor has attached
- the notice in Exhibit A, the Processed Form of such Source Code
- Form, and Modifications of such Source Code Form, in each case
- including portions thereof.
-
- 1.5. "Incompatible With Secondary Licenses"
- means that the initial Contributor has attached the notice described in
- Exhibit B to the Covered Hardware Description
-
- 1.6. "Processed Form"
- means any form of the work other than Source Code Form.
-
- 1.7. "Larger Work"
- means a work that combines a Covered Hardware Description with code in a
- separate file or files not governed by the terms of this License.
-
- 1.8. "License"
- means this document.
-
- 1.9. "Licensable"
- means having the right to grant, to the maximum extent possible,
- whether at the time of the initial grant or subsequently, any and
- all of the rights conveyed by this License.
-
- 1.10. "Modifications"
- means any of the following:
-
- (a) any file in Source Code Form that results from an addition to,
- deletion from, or modification of the contents of a Covered
- Hardware Description; or
-
- (b) any new file in Source Code Form that contains any Covered
- Hardware Description Source.
-
- 1.11. "Patent Claims" of a Contributor
- means any patent claim(s), including without limitation, method,
- process, and apparatus claims, in any patent Licensable by such
- Contributor that would be infringed, but for the grant of the
- License, by the making, using, selling, offering for sale, having
- made, import, or transfer of either its Contributions or its
- Contributor Version.
-
- 1.12. "Secondary License"
- means either the GNU General Public License, Version 2.0 or later,
- the GNU Lesser General Public License, Version 2.1 or later, or the
- GNU Affero General Public License, Version 3.0 or later, or the
- TAPR Open Hardware License, Version 1.0 or later, or the CERN OHL,
- Verstion 1.1 or later.
-
- 1.13. "Source Code Form"
- means the form of the work preferred for making modifications.
-
- 1.14. "You" (or "Your")
- means an individual or a legal entity exercising rights under this
- License. For legal entities, "You" includes any entity that
- controls, is controlled by, or is under common control with You. For
- purposes of this definition, "control" means (a) the power, direct
- or indirect, to cause the direction or management of such entity,
- whether by contract or otherwise, or (b) ownership of more than
- fifty percent (50%) of the outstanding shares or beneficial
- ownership of such entity.
-
- 2. License Grants and Conditions
- --------------------------------
-
- 2.1. Grants
-
- Each Contributor hereby grants You a world-wide, royalty-free,
- non-exclusive license:
-
- (a) under intellectual property rights (other than patent or trademark)
- Licensable by such Contributor to use, reproduce, make available,
- modify, display, perform, distribute, and otherwise exploit its
- Contributions, either on an unmodified basis, with Modifications, or
- as part of a Larger Work; and
-
- (b) under Patent Claims of such Contributor to make, use, sell, offer
- for sale, have made, import, and otherwise transfer either its
- Contributions or its Contributor Version.
-
- 2.2. Effective Date
-
- The licenses granted in Section 2.1 with respect to any Contribution
- become effective for each Contribution on the date the Contributor first
- distributes such Contribution.
-
- 2.3. Limitations on Grant Scope
-
- The licenses granted in this Section 2 are the only rights granted under
- this License. No additional rights or licenses will be implied from the
- distribution or licensing of Covered Hardware Description under this License.
- Notwithstanding Section 2.1(b) above, no patent license is granted by a
- Contributor:
-
- (a) for any code that a Contributor has removed from Covered Hardware
- Description; or
-
- (b) for infringements caused by: (i) Your and any other third party's
- modifications of a Covered Hardware Description, or (ii) the combination
- of its Contributions with other Source (except as part of its Contributor
- Version); or
-
- (c) under Patent Claims infringed by a Covered Hardware Description in the
- absence of its Contributions.
-
- This License does not grant any rights in the trademarks, service marks,
- or logos of any Contributor (except as may be necessary to comply with
- the notice requirements in Section 3.4).
-
- 2.4. Subsequent Licenses
-
- No Contributor makes additional grants as a result of Your choice to
- distribute the Covered Hardware Description under a subsequent version of this
- License (see Section 10.2) or under the terms of a Secondary License (if
- permitted under the terms of Section 3.3).
-
- 2.5. Representation
-
- Each Contributor represents that the Contributor believes its
- Contributions are its original creation(s) or it has sufficient rights
- to grant the rights to its Contributions conveyed by this License.
-
- 2.6. Fair Use
-
- This License is not intended to limit any rights You have under
- applicable copyright doctrines of fair use, fair dealing, or other
- equivalents.
-
- 2.7. Conditions
-
- Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
- in Section 2.1.
-
- 3. Responsibilities
- -------------------
-
- 3.1. Distribution of Source Form
-
- All distribution of Covered Hardware Description in Source Code Form,
- including any Modifications that You create or to which You contribute, must be
- under the terms of this License. You must inform recipients that the Source
- Code Form of the Covered Hardware Description is governed by the terms of this
- License, and how they can obtain a copy of this License. You may not
- attempt to alter or restrict the recipients' rights in the Source Code
- Form.
-
- 3.2. Distribution of Processed Form
-
- If You distribute Covered Hardware Description in Processed Form then:
-
- (a) such Covered Hardware Description must also be made available in Source
- Code Form, as described in Section 3.1, and You must inform recipients of
- the Processed Form how they can obtain a copy of such Source Code
- Form by reasonable means in a timely manner, at a charge no more
- than the cost of distribution to the recipient; and
-
- (b) You may distribute such Processed Form under the terms of this
- License, or sublicense it under different terms, provided that the
- license for the Processed Form does not attempt to limit or alter
- the recipients' rights in the Source Code Form under this License.
-
- 3.3. Distribution of a Larger Work
-
- You may create and distribute a Larger Work under terms of Your choice,
- provided that You also comply with the requirements of this License for
- the Covered Hardware Description. If the Larger Work is a combination of a
- Covered Hardware Description with a work governed by a Secondary License, and
- the Covered Hardware Description is not Incompatible With Secondary Licenses,
- this License permits You to additionally distribute such Covered Hardware
- Description under the terms of that Secondary License, so that the recipient of
- the Larger Work may, at their option, further distribute the Covered Hardware
- Description under the terms of either this License or that Secondary License.
-
- 3.4. Notices
-
- You may not remove or alter the substance of any license notices
- (including copyright notices, patent notices, disclaimers of warranty,
- or limitations of liability) contained within the Source Code Form of
- the Covered Hardware Description, except that You may alter any license notices
- to the extent required to remedy known factual inaccuracies.
-
- 3.5. Application of Additional Terms
-
- You may choose to offer, and to charge a fee for, warranty, support,
- indemnity or liability obligations to one or more recipients of a Covered
- Hardware Description. However, You may do so only on Your own behalf, and not
- on behalf of any Contributor. You must make it absolutely clear that any
- such warranty, support, indemnity, or liability obligation is offered by
- You alone, and You hereby agree to indemnify every Contributor for any
- liability incurred by such Contributor as a result of warranty, support,
- indemnity or liability terms You offer. You may include additional
- disclaimers of warranty and limitations of liability specific to any
- jurisdiction.
-
- 4. Inability to Comply Due to Statute or Regulation
- ---------------------------------------------------
-
- If it is impossible for You to comply with any of the terms of this
- License with respect to some or all of the Covered Hardware Description due to
- statute, judicial order, or regulation then You must: (a) comply with
- the terms of this License to the maximum extent possible; and (b)
- describe the limitations and the code they affect. Such description must
- be placed in a text file included with all distributions of the Covered
- Hardware Description under this License. Except to the extent prohibited by
- statute or regulation, such description must be sufficiently detailed for a
- recipient of ordinary skill to be able to understand it.
-
- 5. Termination
- --------------
-
- 5.1. The rights granted under this License will terminate automatically
- if You fail to comply with any of its terms. However, if You become
- compliant, then the rights granted under this License from a particular
- Contributor are reinstated (a) provisionally, unless and until such
- Contributor explicitly and finally terminates Your grants, and (b) on an
- ongoing basis, if such Contributor fails to notify You of the
- non-compliance by some reasonable means prior to 60 days after You have
- come back into compliance. Moreover, Your grants from a particular
- Contributor are reinstated on an ongoing basis if such Contributor
- notifies You of the non-compliance by some reasonable means, this is the
- first time You have received notice of non-compliance with this License
- from such Contributor, and You become compliant prior to 30 days after
- Your receipt of the notice.
-
- 5.2. If You initiate litigation against any entity by asserting a patent
- infringement claim (excluding declaratory judgment actions,
- counter-claims, and cross-claims) alleging that a Contributor Version
- directly or indirectly infringes any patent, then the rights granted to
- You by any and all Contributors for the Covered Hardware Description under
- Section 2.1 of this License shall terminate.
-
- 5.3. In the event of termination under Sections 5.1 or 5.2 above, all
- end user license agreements (excluding distributors and resellers) which
- have been validly granted by You or Your distributors under this License
- prior to termination shall survive termination.
-
- ************************************************************************
- * *
- * 6. Disclaimer of Warranty *
- * ------------------------- *
- * *
- * The Covered Hardware Description is provided under this License on *
- * an "as is" basis, without warranty of any kind, either expressed, *
- * implied, or statutory, including, without limitation, warranties *
- * that the Covered Hardware Description is free of defects, *
- * merchantable, fit for a particular purpose or non-infringing. The *
- * entire risk as to the quality and performance of the Covered *
- * Hardware Description is with You. Should any Covered Hardware *
- * Description prove defective in any respect, You (not any *
- * Contributor) assume the cost of any necessary servicing, repair, or *
- * correction. This disclaimer of warranty constitutes an essential *
- * part of this License. No use of any Covered Hardware Description is *
- * authorized under this License except under this disclaimer. *
- * *
- ************************************************************************
-
- ************************************************************************
- * *
- * 7. Limitation of Liability *
- * -------------------------- *
- * *
- * Under no circumstances and under no legal theory, whether tort *
- * (including negligence), contract, or otherwise, shall any *
- * Contributor, or anyone who distributes Covered Hardware Description *
- * as permitted above, be liable to You for any direct, indirect, *
- * special, incidental, or consequential damages of any character *
- * including, without limitation, damages for lost profits, loss of *
- * goodwill, work stoppage, computer failure or malfunction, or any *
- * and all other commercial damages or losses, even if such party *
- * shall have been informed of the possibility of such damages. This *
- * limitation of liability shall not apply to liability for death or *
- * personal injury resulting from such party's negligence to the *
- * extent applicable law prohibits such limitation. Some *
- * jurisdictions do not allow the exclusion or limitation of *
- * incidental or consequential damages, so this exclusion and *
- * limitation may not apply to You. *
- * *
- ************************************************************************
-
- 8. Litigation
- -------------
-
- Any litigation relating to this License may be brought only in the
- courts of a jurisdiction where the defendant maintains its principal
- place of business and such litigation shall be governed by laws of that
- jurisdiction, without reference to its conflict-of-law provisions.
- Nothing in this Section shall prevent a party's ability to bring
- cross-claims or counter-claims.
-
- 9. Miscellaneous
- ----------------
-
- This License represents the complete agreement concerning the subject
- matter hereof. If any provision of this License is held to be
- unenforceable, such provision shall be reformed only to the extent
- necessary to make it enforceable. Any law or regulation which provides
- that the language of a contract shall be construed against the drafter
- shall not be used to construe this License against a Contributor.
-
- 10. Versions of the License
- ---------------------------
-
- 10.1. New Versions
-
- Julius Baxter is the license steward. Except as provided in Section
- 10.3, no one other than the license steward has the right to modify or
- publish new versions of this License. Each version will be given a
- distinguishing version number.
-
- 10.2. Effect of New Versions
-
- You may distribute the Covered Hardware Description under the terms of the
- version of the License under which You originally received the Covered Hardware
- Description, or under the terms of any subsequent version published by the
- license steward.
-
- 10.3. Modified Versions
-
- If you create designs not governed by this License, and you want to
- create a new license for such designs, you may create and use a
- modified version of this License if you rename the license and remove
- any references to the name of the license steward (except to note that
- such modified license differs from this License).
-
- 10.4. Distributing Source Code Form that is Incompatible With Secondary
- Licenses
-
- If You choose to distribute Source Code Form that is Incompatible With
- Secondary Licenses under the terms of this version of the License, the
- notice described in Exhibit B of this License must be attached.
-
- Exhibit A - Source Code Form License Notice
- -------------------------------------------
-
- This Source Code Form is subject to the terms of the
- Open Hardware Description License, v. 1.0. If a copy
- of the OHDL was not distributed with this file, You
- can obtain one at http://juliusbaxter.net/ohdl/ohdl.txt
-
- If it is not possible or desirable to put the notice in a particular
- file, then You may include the notice in a location (such as a LICENSE
- file in a relevant directory) where a recipient would be likely to look
- for such a notice.
-
- You may add additional accurate notices of copyright ownership.
-
- Exhibit B - "Incompatible With Secondary Licenses" Notice
- ---------------------------------------------------------
-
- This Source Code Form is "Incompatible With Secondary Licenses", as
- defined by the Open Hardware Description License, v. 1.0.
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