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diff --git a/options/license/TAPR-OHL-1.0 b/options/license/TAPR-OHL-1.0 new file mode 100644 index 0000000..e20c236 --- /dev/null +++ b/options/license/TAPR-OHL-1.0 @@ -0,0 +1,266 @@ +The TAPR Open Hardware License +Version 1.0 (May 25, 2007) +Copyright 2007 TAPR - http://www.tapr.org/OHL + +PREAMBLE + +Open Hardware is a thing - a physical artifact, either electrical or +mechanical - whose design information is available to, and usable by, +the public in a way that allows anyone to make, modify, distribute, and +use that thing. In this preface, design information is called +"documentation" and things created from it are called "products." + +The TAPR Open Hardware License ("OHL") agreement provides a legal +framework for Open Hardware projects. It may be used for any kind of +product, be it a hammer or a computer motherboard, and is TAPR's +contribution to the community; anyone may use the OHL for their Open +Hardware project. + +Like the GNU General Public License, the OHL is designed to guarantee +your freedom to share and to create. It forbids anyone who receives +rights under the OHL to deny any other licensee those same rights to +copy, modify, and distribute documentation, and to make, use and +distribute products based on that documentation. + +Unlike the GPL, the OHL is not primarily a copyright license. While +copyright protects documentation from unauthorized copying, modification, +and distribution, it has little to do with your right to make, distribute, +or use a product based on that documentation. For better or worse, patents +play a significant role in those activities. Although it does not prohibit +anyone from patenting inventions embodied in an Open Hardware design, and +of course cannot prevent a third party from enforcing their patent rights, +those who benefit from an OHL design may not bring lawsuits claiming that +design infringes their patents or other intellectual property. + +The OHL addresses unique issues involved in the creation of tangible, +physical things, but does not cover software, firmware, or code loaded +into programmable devices. A copyright-oriented license such as the GPL +better suits these creations. + +How can you use the OHL, or a design based upon it? While the terms and +conditions below take precedence over this preamble, here is a summary: + +* You may modify the documentation and make products based upon it. + +* You may use products for any legal purpose without limitation. + +* You may distribute unmodified documentation, but you must include the +complete package as you received it. + +* You may distribute products you make to third parties, if you either +include the documentation on which the product is based, or make it +available without charge for at least three years to anyone who requests +it. + +* You may distribute modified documentation or products based on it, if +you: + * License your modifications under the OHL. + * Include those modifications, following the requirements stated + below. + * Attempt to send the modified documentation by email to any of the + developers who have provided their email address. This is a good + faith obligation - if the email fails, you need do nothing more + and may go on with your distribution. + +* If you create a design that you want to license under the OHL, you +should: + * Include this document in a file named LICENSE (with the appropriate + extension) that is included in the documentation package. + * If the file format allows, include a notice like "Licensed under + the TAPR Open Hardware License (www.tapr.org/OHL)" in each + documentation file. While not required, you should also include + this notice on printed circuit board artwork and the product + itself; if space is limited the notice can be shortened or + abbreviated. + * Include a copyright notice in each file and on printed circuit + board artwork. + * If you wish to be notified of modifications that others may make, + include your email address in a file named "CONTRIB.TXT" or + something similar. + +* Any time the OHL requires you to make documentation available to +others, you must include all the materials you received from the +upstream licensors. In addition, if you have modified the +documentation: + * You must identify the modifications in a text file (preferably + named "CHANGES.TXT") that you include with the documentation. + That file must also include a statement like "These modifications + are licensed under the TAPR Open Hardware License." + * You must include any new files you created, including any + manufacturing files (such as Gerber files) you create in the + course of making products. + * You must include both "before" and "after" versions of all files + you modified. + * You may include files in proprietary formats, but you must also + include open format versions (such as Gerber, ASCII, Postscript, + or PDF) if your tools can create them. + +TERMS AND CONDITIONS + +1. Introduction +1.1 This Agreement governs how you may use, copy, modify, and +distribute Documentation, and how you may make, have made, and +distribute Products based on that Documentation. As used in this +Agreement, to "distribute" Documentation means to directly or indirectly +make copies available to a third party, and to "distribute" Products +means to directly or indirectly give, loan, sell or otherwise transfer +them to a third party. + +1.2 "Documentation" includes: + (a) schematic diagrams; + (b) circuit or circuit board layouts, including Gerber and other + data files used for manufacture; + (c) mechanical drawings, including CAD, CAM, and other data files + used for manufacture; + (d) flow charts and descriptive text; and + (e) other explanatory material. +Documentation may be in any tangible or intangible form of expression, +including but not limited to computer files in open or proprietary +formats and representations on paper, film, or other media. + +1.3 "Products" include: + (a) circuit boards, mechanical assemblies, and other physical parts + and components; + (b) assembled or partially assembled units (including components + and subassemblies); and + (c) parts and components combined into kits intended for assembly + by others; +which are based in whole or in part on the Documentation. + +1.4 This Agreement applies to any Documentation which contains a +notice stating it is subject to the TAPR Open Hardware License, and to +all Products based in whole or in part on that Documentation. If +Documentation is distributed in an archive (such as a "zip" file) which +includes this document, all files in that archive are subject to this +Agreement unless they are specifically excluded. Each person who +contributes content to the Documentation is referred to in this +Agreement as a "Licensor." + +1.5 By (a) using, copying, modifying, or distributing the +Documentation, or (b) making or having Products made or distributing +them, you accept this Agreement, agree to comply with its terms, and +become a "Licensee." Any activity inconsistent with this Agreement will +automatically terminate your rights under it (including the immunities +from suit granted in Section 2), but the rights of others who have +received Documentation, or have obtained Products, directly or +indirectly from you will not be affected so long as they fully comply +with it themselves. + +1.6 This Agreement does not apply to software, firmware, or code +loaded into programmable devices which may be used in conjunction with +Documentation or Products. Such software is subject to the license +terms established by its copyright holder(s). + +2. Patents +2.1 Each Licensor grants you, every other Licensee, and every +possessor or user of Products a perpetual, worldwide, and royalty-free +immunity from suit under any patent, patent application, or other +intellectual property right which he or she controls, to the extent +necessary to make, have made, possess, use, and distribute Products. +This immunity does not extend to infringement arising from modifications +subsequently made by others. + +2.2 If you make or have Products made, or distribute Documentation +that you have modified, you grant every Licensor, every other Licensee, +and every possessor or user of Products a perpetual, worldwide, and +royalty-free immunity from suit under any patent, patent application, or +other intellectual property right which you control, to the extent +necessary to make, have made, possess, use, and distribute Products. +This immunity does not extend to infringement arising from modifications +subsequently made by others. + +2.3 To avoid doubt, providing Documentation to a third party for the +sole purpose of having that party make Products on your behalf is not +considered "distribution,"\" and a third party's act of making Products +solely on your behalf does not cause that party to grant the immunity +described in the preceding paragraph. + +2.4 These grants of immunity are a material part of this Agreement, +and form a portion of the consideration given by each party to the +other. If any court judgment or legal agreement prevents you from +granting the immunity required by this Section, your rights under this +Agreement will terminate and you may no longer use, copy, modify or +distribute the Documentation, or make, have made, or distribute +Products. + +3. Modifications +You may modify the Documentation, and those modifications will become +part of the Documentation. They are subject to this Agreement, as are +Products based in whole or in part on them. If you distribute the +modified Documentation, or Products based in whole or in part upon it, +you must email the modified Documentation in a form compliant with +Section 4 to each Licensor who has provided an email address with the +Documentation. Attempting to send the email completes your obligations +under this Section and you need take no further action if any address +fails. + +4. Distributing Documentation +4.1 You may distribute unmodified copies of the Documentation in its +entirety in any medium, provided that you retain all copyright and other +notices (including references to this Agreement) included by each +Licensor, and include an unaltered copy of this Agreement. +4.2 You may distribute modified copies of the Documentation if you +comply with all the requirements of the preceding paragraph and: + (a) include a prominent notice in an ASCII or other open format + file identifying those elements of the Documentation that you + changed, and stating that the modifications are licensed under + the terms of this Agreement; + (b) include all new documentation files that you create, as well as + both the original and modified versions of each file you change + (files may be in your development tool's native file format, + but if reasonably possible, you must also include open format, + such as Gerber, ASCII, Postscript, or PDF, versions); + (c) do not change the terms of this Agreement with respect to + subsequent licensees; and + (d) if you make or have Products made, include in the Documentation + all elements reasonably required to permit others to make + Products, including Gerber, CAD/CAM and other files used for + manufacture. + +5. Making Products +5.1 You may use the Documentation to make or have Products made, +provided that each Product retains any notices included by the Licensor +(including, but not limited to, copyright notices on circuit boards). +5.2 You may distribute Products you make or have made, provided that +you include with each unit a copy of the Documentation in a form +consistent with Section 4. Alternatively, you may include either (i) an +offer valid for at least three years to provide that Documentation, at +no charge other than the reasonable cost of media and postage, to any +person who requests it; or (ii) a URL where that Documentation may be +downloaded, available for at least three years after you last distribute +the Product. + +6. NEW LICENSE VERSIONS +TAPR may publish updated versions of the OHL which retain the same +general provisions as the present version, but differ in detail to +address new problems or concerns, and carry a distinguishing version +number. If the Documentation specifies a version number which applies +to it and "any later version", you may choose either that version or any +later version published by TAPR. If the Documentation does not specify +a version number, you may choose any version ever published by TAPR. +TAPR owns the copyright to the OHL, but grants permission to any person +to copy, distribute, and use it in unmodified form. + +7. WARRANTY AND LIABILITY LIMITATIONS +7.1 THE DOCUMENTATION IS PROVIDED ON AN"AS-IS" BASIS WITHOUT +WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL +WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY +WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND +TITLE, ARE HEREBY EXPRESSLY DISCLAIMED. +7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR +BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF +THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS, +INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY +INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. +7.3 You agree that the foregoing limitations are reasonable due to +the non-financial nature of the transaction represented by this +Agreement, and acknowledge that were it not for these limitations, the +Licensor(s) would not be willing to make the Documentation available to +you. +7.4 You agree to defend, indemnify, and hold each Licensor harmless +from any claim brought by a third party alleging any defect in the +design, manufacture, or operation of any Product which you make, have +made, or distribute pursuant to this Agreement. + #### |