key: ohdl-1.0 short_name: OHDL-1.0 name: Open Hardware Description License Version 1.0 category: Copyleft Limited owner: FOSSi Foundation homepage_url: http://juliusbaxter.net/ohdl/ohdl.txt spdx_license_key: LicenseRef-scancode-ohdl-1.0 faq_url: http://juliusbaxter.net/ohdl/ ignorable_urls: - http://juliusbaxter.net/ohdl/ohdl.txt text: "Open Hardware Description License Version 1.0\n(Based on the MPL 2.0 RC2)\n========================================================\n\ \n1. Definitions\n--------------\n\n1.1. \"Contributor\"\n means each individual or legal\ \ entity that creates, contributes to\n the creation of, or owns a Covered Hardware Description.\n\ \n1.2. \"Contributor Version\"\n means the combination of the Contributions of others (if\ \ any) used\n by a Contributor and that particular Contributor's Contribution.\n\n1.3.\ \ \"Contribution\"\n means Covered Hardware Description of a particular Contributor.\n\n\ 1.4. \"Covered Hardware Description\"\n means Source Code Form to which the initial Contributor\ \ has attached\n the notice in Exhibit A, the Processed Form of such Source Code\n Form,\ \ and Modifications of such Source Code Form, in each case\n including portions thereof.\n\ \n1.5. \"Incompatible With Secondary Licenses\"\n means that the initial Contributor has\ \ attached the notice described in\n Exhibit B to the Covered Hardware Description\n\n\ 1.6. \"Processed Form\"\n means any form of the work other than Source Code Form.\n\n1.7.\ \ \"Larger Work\"\n means a work that combines a Covered Hardware Description with code\ \ in a \n separate file or files not governed by the terms of this License.\n\n1.8. \"\ License\"\n means this document.\n\n1.9. \"Licensable\"\n means having the right to\ \ grant, to the maximum extent possible,\n whether at the time of the initial grant or\ \ subsequently, any and\n all of the rights conveyed by this License.\n\n1.10. \"Modifications\"\ \n means any of the following:\n\n (a) any file in Source Code Form that results from\ \ an addition to,\n deletion from, or modification of the contents of a Covered\n \ \ Hardware Description; or\n\n (b) any new file in Source Code Form that contains\ \ any Covered\n Hardware Description Source.\n\n1.11. \"Patent Claims\" of a Contributor\n\ \ means any patent claim(s), including without limitation, method,\n process, and apparatus\ \ claims, in any patent Licensable by such\n Contributor that would be infringed, but for\ \ the grant of the\n License, by the making, using, selling, offering for sale, having\n\ \ made, import, or transfer of either its Contributions or its\n Contributor Version.\n\ \n1.12. \"Secondary License\"\n means either the GNU General Public License, Version 2.0\ \ or later,\n the GNU Lesser General Public License, Version 2.1 or later, or the\n \ \ GNU Affero General Public License, Version 3.0 or later, or the\n TAPR Open Hardware\ \ License, Version 1.0 or later, or the CERN OHL,\n Verstion 1.1 or later.\n\n1.13. \"\ Source Code Form\"\n means the form of the work preferred for making modifications.\n\n\ 1.14. \"You\" (or \"Your\")\n means an individual or a legal entity exercising rights under\ \ this\n License. For legal entities, \"You\" includes any entity that\n controls, is\ \ controlled by, or is under common control with You. For\n purposes of this definition,\ \ \"control\" means (a) the power, direct\n or indirect, to cause the direction or management\ \ of such entity,\n whether by contract or otherwise, or (b) ownership of more than\n \ \ fifty percent (50%) of the outstanding shares or beneficial\n ownership of such entity.\n\ \n2. License Grants and Conditions\n--------------------------------\n\n2.1. Grants\n\nEach\ \ Contributor hereby grants You a world-wide, royalty-free,\nnon-exclusive license:\n\n(a)\ \ under intellectual property rights (other than patent or trademark)\n Licensable by such\ \ Contributor to use, reproduce, make available,\n modify, display, perform, distribute,\ \ and otherwise exploit its\n Contributions, either on an unmodified basis, with Modifications,\ \ or\n as part of a Larger Work; and\n\n(b) under Patent Claims of such Contributor to\ \ make, use, sell, offer\n for sale, have made, import, and otherwise transfer either its\n\ \ Contributions or its Contributor Version.\n\n2.2. Effective Date\n\nThe licenses granted\ \ in Section 2.1 with respect to any Contribution\nbecome effective for each Contribution\ \ on the date the Contributor first\ndistributes such Contribution.\n\n2.3. Limitations on\ \ Grant Scope\n\nThe licenses granted in this Section 2 are the only rights granted under\n\ this License. No additional rights or licenses will be implied from the\ndistribution or licensing\ \ of Covered Hardware Description under this License.\nNotwithstanding Section 2.1(b) above,\ \ no patent license is granted by a\nContributor:\n\n(a) for any code that a Contributor has\ \ removed from Covered Hardware \n Description; or\n\n(b) for infringements caused by:\ \ (i) Your and any other third party's\n modifications of a Covered Hardware Description,\ \ or (ii) the combination \n of its Contributions with other Source (except as part of\ \ its Contributor\n Version); or\n\n(c) under Patent Claims infringed by a Covered Hardware\ \ Description in the \n absence of its Contributions.\n\nThis License does not grant any\ \ rights in the trademarks, service marks,\nor logos of any Contributor (except as may be\ \ necessary to comply with\nthe notice requirements in Section 3.4).\n\n2.4. Subsequent Licenses\n\ \nNo Contributor makes additional grants as a result of Your choice to\ndistribute the Covered\ \ Hardware Description under a subsequent version of this\nLicense (see Section 10.2) or under\ \ the terms of a Secondary License (if\npermitted under the terms of Section 3.3).\n\n2.5.\ \ Representation\n\nEach Contributor represents that the Contributor believes its\nContributions\ \ are its original creation(s) or it has sufficient rights\nto grant the rights to its Contributions\ \ conveyed by this License.\n\n2.6. Fair Use\n\nThis License is not intended to limit any\ \ rights You have under\napplicable copyright doctrines of fair use, fair dealing, or other\n\ equivalents.\n\n2.7. Conditions\n\nSections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses\ \ granted\nin Section 2.1.\n\n3. Responsibilities\n-------------------\n\n3.1. Distribution\ \ of Source Form\n\nAll distribution of Covered Hardware Description in Source Code Form,\ \ \nincluding any Modifications that You create or to which You contribute, must be\nunder\ \ the terms of this License. You must inform recipients that the Source\nCode Form of the\ \ Covered Hardware Description is governed by the terms of this\nLicense, and how they can\ \ obtain a copy of this License. You may not\nattempt to alter or restrict the recipients'\ \ rights in the Source Code\nForm.\n\n3.2. Distribution of Processed Form\n\nIf You distribute\ \ Covered Hardware Description in Processed Form then:\n\n(a) such Covered Hardware Description\ \ must also be made available in Source \n Code Form, as described in Section 3.1, and\ \ You must inform recipients of\n the Processed Form how they can obtain a copy of such\ \ Source Code\n Form by reasonable means in a timely manner, at a charge no more\n than\ \ the cost of distribution to the recipient; and\n\n(b) You may distribute such Processed\ \ Form under the terms of this\n License, or sublicense it under different terms, provided\ \ that the\n license for the Processed Form does not attempt to limit or alter\n the\ \ recipients' rights in the Source Code Form under this License.\n\n3.3. Distribution of a\ \ Larger Work\n\nYou may create and distribute a Larger Work under terms of Your choice,\n\ provided that You also comply with the requirements of this License for\nthe Covered Hardware\ \ Description. If the Larger Work is a combination of a \nCovered Hardware Description with\ \ a work governed by a Secondary License, and \nthe Covered Hardware Description is not Incompatible\ \ With Secondary Licenses, \nthis License permits You to additionally distribute such Covered\ \ Hardware \nDescription under the terms of that Secondary License, so that the recipient\ \ of\nthe Larger Work may, at their option, further distribute the Covered Hardware \nDescription\ \ under the terms of either this License or that Secondary License.\n\n3.4. Notices\n\nYou\ \ may not remove or alter the substance of any license notices\n(including copyright notices,\ \ patent notices, disclaimers of warranty,\nor limitations of liability) contained within\ \ the Source Code Form of\nthe Covered Hardware Description, except that You may alter any\ \ license notices\nto the extent required to remedy known factual inaccuracies.\n\n3.5. Application\ \ of Additional Terms\n\nYou may choose to offer, and to charge a fee for, warranty, support,\n\ indemnity or liability obligations to one or more recipients of a Covered\nHardware Description.\ \ However, You may do so only on Your own behalf, and not \non behalf of any Contributor.\ \ You must make it absolutely clear that any\nsuch warranty, support, indemnity, or liability\ \ obligation is offered by\nYou alone, and You hereby agree to indemnify every Contributor\ \ for any\nliability incurred by such Contributor as a result of warranty, support,\nindemnity\ \ or liability terms You offer. You may include additional\ndisclaimers of warranty and limitations\ \ of liability specific to any\njurisdiction.\n\n4. Inability to Comply Due to Statute or\ \ Regulation\n---------------------------------------------------\n\nIf it is impossible for\ \ You to comply with any of the terms of this\nLicense with respect to some or all of the\ \ Covered Hardware Description due to\nstatute, judicial order, or regulation then You must:\ \ (a) comply with\nthe terms of this License to the maximum extent possible; and (b)\ndescribe\ \ the limitations and the code they affect. Such description must\nbe placed in a text file\ \ included with all distributions of the Covered\nHardware Description under this License.\ \ Except to the extent prohibited by \nstatute or regulation, such description must be sufficiently\ \ detailed for a\nrecipient of ordinary skill to be able to understand it.\n\n5. Termination\n\ --------------\n\n5.1. The rights granted under this License will terminate automatically\n\ if You fail to comply with any of its terms. However, if You become\ncompliant, then the rights\ \ granted under this License from a particular\nContributor are reinstated (a) provisionally,\ \ unless and until such\nContributor explicitly and finally terminates Your grants, and (b)\ \ on an\nongoing basis, if such Contributor fails to notify You of the\nnon-compliance by\ \ some reasonable means prior to 60 days after You have\ncome back into compliance. Moreover,\ \ Your grants from a particular\nContributor are reinstated on an ongoing basis if such Contributor\n\ notifies You of the non-compliance by some reasonable means, this is the\nfirst time You have\ \ received notice of non-compliance with this License\nfrom such Contributor, and You become\ \ compliant prior to 30 days after\nYour receipt of the notice.\n\n5.2. If You initiate litigation\ \ against any entity by asserting a patent\ninfringement claim (excluding declaratory judgment\ \ actions,\ncounter-claims, and cross-claims) alleging that a Contributor Version\ndirectly\ \ or indirectly infringes any patent, then the rights granted to\nYou by any and all Contributors\ \ for the Covered Hardware Description under \nSection 2.1 of this License shall terminate.\n\ \n5.3. In the event of termination under Sections 5.1 or 5.2 above, all\nend user license\ \ agreements (excluding distributors and resellers) which\nhave been validly granted by You\ \ or Your distributors under this License\nprior to termination shall survive termination.\n\ \n************************************************************************\n* \ \ *\n* 6. Disclaimer of Warranty\ \ *\n* ------------------------- \ \ *\n* \ \ *\n* The Covered Hardware Description is provided under this License on \ \ *\n* an \"as is\" basis, without warranty of any kind, either expressed, *\n* implied,\ \ or statutory, including, without limitation, warranties *\n* that the Covered Hardware\ \ Description is free of defects, *\n* merchantable, fit for a particular purpose\ \ or non-infringing. The *\n* entire risk as to the quality and performance of the Covered\ \ *\n* Hardware Description is with You. Should any Covered Hardware *\n* Description\ \ prove defective in any respect, You (not any *\n* Contributor) assume the cost\ \ of any necessary servicing, repair, or *\n* correction. This disclaimer of warranty constitutes\ \ an essential *\n* part of this License. No use of any Covered Hardware Description is\ \ *\n* authorized under this License except under this disclaimer. *\n* \ \ *\n************************************************************************\n\ \n************************************************************************\n* \ \ *\n* 7. Limitation of Liability\ \ *\n* -------------------------- \ \ *\n* \ \ *\n* Under no circumstances and under no legal theory, whether tort *\n\ * (including negligence), contract, or otherwise, shall any *\n* Contributor,\ \ or anyone who distributes Covered Hardware Description *\n* as permitted above, be liable\ \ to You for any direct, indirect, *\n* special, incidental, or consequential damages\ \ of any character *\n* including, without limitation, damages for lost profits, loss\ \ of *\n* goodwill, work stoppage, computer failure or malfunction, or any *\n* and\ \ all other commercial damages or losses, even if such party *\n* shall have been informed\ \ of the possibility of such damages. This *\n* limitation of liability shall not apply\ \ to liability for death or *\n* personal injury resulting from such party's negligence\ \ to the *\n* extent applicable law prohibits such limitation. Some *\n\ * jurisdictions do not allow the exclusion or limitation of *\n* incidental or\ \ consequential damages, so this exclusion and *\n* limitation may not apply to\ \ You. *\n* \ \ *\n************************************************************************\n\ \n8. Litigation\n-------------\n\nAny litigation relating to this License may be brought only\ \ in the\ncourts of a jurisdiction where the defendant maintains its principal\nplace of business\ \ and such litigation shall be governed by laws of that\njurisdiction, without reference to\ \ its conflict-of-law provisions.\nNothing in this Section shall prevent a party's ability\ \ to bring\ncross-claims or counter-claims.\n\n9. Miscellaneous\n----------------\n\nThis\ \ License represents the complete agreement concerning the subject\nmatter hereof. If any\ \ provision of this License is held to be\nunenforceable, such provision shall be reformed\ \ only to the extent\nnecessary to make it enforceable. Any law or regulation which provides\n\ that the language of a contract shall be construed against the drafter\nshall not be used\ \ to construe this License against a Contributor.\n\n10. Versions of the License\n---------------------------\n\ \n10.1. New Versions\n\nJulius Baxter is the license steward. Except as provided in Section\n\ 10.3, no one other than the license steward has the right to modify or\npublish new versions\ \ of this License. Each version will be given a\ndistinguishing version number.\n\n10.2. Effect\ \ of New Versions\n\nYou may distribute the Covered Hardware Description under the terms of\ \ the \nversion of the License under which You originally received the Covered Hardware\n\ Description, or under the terms of any subsequent version published by the \nlicense steward.\n\ \n10.3. Modified Versions\n\nIf you create designs not governed by this License, and you want\ \ to\ncreate a new license for such designs, you may create and use a\nmodified version of\ \ this License if you rename the license and remove\nany references to the name of the license\ \ steward (except to note that\nsuch modified license differs from this License).\n\n10.4.\ \ Distributing Source Code Form that is Incompatible With Secondary\nLicenses\n\nIf You choose\ \ to distribute Source Code Form that is Incompatible With\nSecondary Licenses under the terms\ \ of this version of the License, the\nnotice described in Exhibit B of this License must\ \ be attached.\n\nExhibit A - Source Code Form License Notice\n-------------------------------------------\n\ \n This Source Code Form is subject to the terms of the \n Open Hardware Description License,\ \ v. 1.0. If a copy \n of the OHDL was not distributed with this file, You \n can obtain\ \ one at http://juliusbaxter.net/ohdl/ohdl.txt\n\nIf it is not possible or desirable to put\ \ the notice in a particular\nfile, then You may include the notice in a location (such as\ \ a LICENSE\nfile in a relevant directory) where a recipient would be likely to look\nfor\ \ such a notice.\n\nYou may add additional accurate notices of copyright ownership.\n\nExhibit\ \ B - \"Incompatible With Secondary Licenses\" Notice\n---------------------------------------------------------\n\ \n This Source Code Form is \"Incompatible With Secondary Licenses\", as\n defined by the\ \ Open Hardware Description License, v. 1.0."