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