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ORIGINAL AUTHOR: ARMAN ARVAND | ||
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The TAPR Open Hardware License | ||
Version 1.0 (May 25, 2007) | ||
Copyright 2007 TAPR - http://www.tapr.org/OHL | ||
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PREAMBLE | ||
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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." | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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: | ||
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* You may modify the documentation and make products based upon it. | ||
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* You may use products for any legal purpose without limitation. | ||
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* You may distribute unmodified documentation, but you must include the | ||
complete package as you received it. | ||
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* 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. | ||
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* 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. | ||
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* 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. | ||
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* 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. | ||
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TERMS AND CONDITIONS | ||
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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. | ||
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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. | ||
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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. | ||
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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." | ||
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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. | ||
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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). | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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