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alirezamon |
Open Hardware Description License Version 1.0
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(Based on the MPL 2.0 RC2)
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========================================================
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1. Definitions
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1.1. "Contributor"
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means each individual or legal entity that creates, contributes to
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the creation of, or owns a Covered Hardware Description.
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1.2. "Contributor Version"
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means the combination of the Contributions of others (if any) used
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by a Contributor and that particular Contributor's Contribution.
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1.3. "Contribution"
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means Covered Hardware Description of a particular Contributor.
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1.4. "Covered Hardware Description"
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means Source Code Form to which the initial Contributor has attached
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the notice in Exhibit A, the Processed Form of such Source Code
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Form, and Modifications of such Source Code Form, in each case
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including portions thereof.
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1.5. "Incompatible With Secondary Licenses"
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means that the initial Contributor has attached the notice described in
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Exhibit B to the Covered Hardware Description
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1.6. "Processed Form"
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means any form of the work other than Source Code Form.
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1.7. "Larger Work"
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means a work that combines a Covered Hardware Description with code in a
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separate file or files not governed by the terms of this License.
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1.8. "License"
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means this document.
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1.9. "Licensable"
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means having the right to grant, to the maximum extent possible,
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whether at the time of the initial grant or subsequently, any and
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all of the rights conveyed by this License.
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1.10. "Modifications"
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means any of the following:
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(a) any file in Source Code Form that results from an addition to,
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deletion from, or modification of the contents of a Covered
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Hardware Description; or
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(b) any new file in Source Code Form that contains any Covered
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Hardware Description Source.
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1.11. "Patent Claims" of a Contributor
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means any patent claim(s), including without limitation, method,
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process, and apparatus claims, in any patent Licensable by such
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Contributor that would be infringed, but for the grant of the
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License, by the making, using, selling, offering for sale, having
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made, import, or transfer of either its Contributions or its
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Contributor Version.
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1.12. "Secondary License"
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means either the GNU General Public License, Version 2.0 or later,
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the GNU Lesser General Public License, Version 2.1 or later, or the
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GNU Affero General Public License, Version 3.0 or later, or the
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TAPR Open Hardware License, Version 1.0 or later, or the CERN OHL,
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Verstion 1.1 or later.
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1.13. "Source Code Form"
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means the form of the work preferred for making modifications.
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1.14. "You" (or "Your")
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means an individual or a legal entity exercising rights under this
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License. For legal entities, "You" includes any entity that
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controls, is controlled by, or is under common control with You. For
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purposes of this definition, "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of more than
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fifty percent (50%) of the outstanding shares or beneficial
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ownership of such entity.
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2. License Grants and Conditions
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2.1. Grants
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Each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by such Contributor to use, reproduce, make available,
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modify, display, perform, distribute, and otherwise exploit its
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Contributions, either on an unmodified basis, with Modifications, or
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as part of a Larger Work; and
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(b) under Patent Claims of such Contributor to make, use, sell, offer
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for sale, have made, import, and otherwise transfer either its
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Contributions or its Contributor Version.
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2.2. Effective Date
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The licenses granted in Section 2.1 with respect to any Contribution
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become effective for each Contribution on the date the Contributor first
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distributes such Contribution.
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2.3. Limitations on Grant Scope
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The licenses granted in this Section 2 are the only rights granted under
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this License. No additional rights or licenses will be implied from the
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distribution or licensing of Covered Hardware Description under this License.
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Notwithstanding Section 2.1(b) above, no patent license is granted by a
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Contributor:
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(a) for any code that a Contributor has removed from Covered Hardware
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Description; or
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(b) for infringements caused by: (i) Your and any other third party's
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modifications of a Covered Hardware Description, or (ii) the combination
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of its Contributions with other Source (except as part of its Contributor
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Version); or
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(c) under Patent Claims infringed by a Covered Hardware Description in the
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absence of its Contributions.
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This License does not grant any rights in the trademarks, service marks,
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or logos of any Contributor (except as may be necessary to comply with
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the notice requirements in Section 3.4).
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2.4. Subsequent Licenses
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No Contributor makes additional grants as a result of Your choice to
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distribute the Covered Hardware Description under a subsequent version of this
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License (see Section 10.2) or under the terms of a Secondary License (if
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permitted under the terms of Section 3.3).
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2.5. Representation
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Each Contributor represents that the Contributor believes its
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Contributions are its original creation(s) or it has sufficient rights
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to grant the rights to its Contributions conveyed by this License.
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2.6. Fair Use
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This License is not intended to limit any rights You have under
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applicable copyright doctrines of fair use, fair dealing, or other
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equivalents.
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2.7. Conditions
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Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
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in Section 2.1.
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3. Responsibilities
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3.1. Distribution of Source Form
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All distribution of Covered Hardware Description in Source Code Form,
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including any Modifications that You create or to which You contribute, must be
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under the terms of this License. You must inform recipients that the Source
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Code Form of the Covered Hardware Description is governed by the terms of this
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License, and how they can obtain a copy of this License. You may not
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attempt to alter or restrict the recipients' rights in the Source Code
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Form.
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3.2. Distribution of Processed Form
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If You distribute Covered Hardware Description in Processed Form then:
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(a) such Covered Hardware Description must also be made available in Source
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Code Form, as described in Section 3.1, and You must inform recipients of
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the Processed Form how they can obtain a copy of such Source Code
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Form by reasonable means in a timely manner, at a charge no more
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than the cost of distribution to the recipient; and
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(b) You may distribute such Processed Form under the terms of this
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License, or sublicense it under different terms, provided that the
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license for the Processed Form does not attempt to limit or alter
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the recipients' rights in the Source Code Form under this License.
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3.3. Distribution of a Larger Work
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You may create and distribute a Larger Work under terms of Your choice,
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provided that You also comply with the requirements of this License for
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the Covered Hardware Description. If the Larger Work is a combination of a
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Covered Hardware Description with a work governed by a Secondary License, and
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the Covered Hardware Description is not Incompatible With Secondary Licenses,
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this License permits You to additionally distribute such Covered Hardware
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Description under the terms of that Secondary License, so that the recipient of
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the Larger Work may, at their option, further distribute the Covered Hardware
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Description under the terms of either this License or that Secondary License.
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3.4. Notices
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You may not remove or alter the substance of any license notices
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(including copyright notices, patent notices, disclaimers of warranty,
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or limitations of liability) contained within the Source Code Form of
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the Covered Hardware Description, except that You may alter any license notices
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to the extent required to remedy known factual inaccuracies.
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3.5. Application of Additional Terms
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You may choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of a Covered
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Hardware Description. However, You may do so only on Your own behalf, and not
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on behalf of any Contributor. You must make it absolutely clear that any
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such warranty, support, indemnity, or liability obligation is offered by
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You alone, and You hereby agree to indemnify every Contributor for any
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liability incurred by such Contributor as a result of warranty, support,
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indemnity or liability terms You offer. You may include additional
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disclaimers of warranty and limitations of liability specific to any
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jurisdiction.
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4. Inability to Comply Due to Statute or Regulation
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---------------------------------------------------
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If it is impossible for You to comply with any of the terms of this
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License with respect to some or all of the Covered Hardware Description due to
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statute, judicial order, or regulation then You must: (a) comply with
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the terms of this License to the maximum extent possible; and (b)
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describe the limitations and the code they affect. Such description must
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be placed in a text file included with all distributions of the Covered
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Hardware Description under this License. Except to the extent prohibited by
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statute or regulation, such description must be sufficiently detailed for a
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recipient of ordinary skill to be able to understand it.
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5. Termination
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--------------
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5.1. The rights granted under this License will terminate automatically
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if You fail to comply with any of its terms. However, if You become
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compliant, then the rights granted under this License from a particular
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Contributor are reinstated (a) provisionally, unless and until such
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Contributor explicitly and finally terminates Your grants, and (b) on an
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ongoing basis, if such Contributor fails to notify You of the
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non-compliance by some reasonable means prior to 60 days after You have
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come back into compliance. Moreover, Your grants from a particular
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Contributor are reinstated on an ongoing basis if such Contributor
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notifies You of the non-compliance by some reasonable means, this is the
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first time You have received notice of non-compliance with this License
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from such Contributor, and You become compliant prior to 30 days after
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Your receipt of the notice.
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5.2. If You initiate litigation against any entity by asserting a patent
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infringement claim (excluding declaratory judgment actions,
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counter-claims, and cross-claims) alleging that a Contributor Version
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directly or indirectly infringes any patent, then the rights granted to
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You by any and all Contributors for the Covered Hardware Description under
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Section 2.1 of this License shall terminate.
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5.3. In the event of termination under Sections 5.1 or 5.2 above, all
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end user license agreements (excluding distributors and resellers) which
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have been validly granted by You or Your distributors under this License
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prior to termination shall survive termination.
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************************************************************************
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* *
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* 6. Disclaimer of Warranty *
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* ------------------------- *
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* *
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* The Covered Hardware Description is provided under this License on *
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* an "as is" basis, without warranty of any kind, either expressed, *
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* implied, or statutory, including, without limitation, warranties *
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* that the Covered Hardware Description is free of defects, *
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* merchantable, fit for a particular purpose or non-infringing. The *
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* entire risk as to the quality and performance of the Covered *
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* Hardware Description is with You. Should any Covered Hardware *
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* Description prove defective in any respect, You (not any *
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* Contributor) assume the cost of any necessary servicing, repair, or *
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* correction. This disclaimer of warranty constitutes an essential *
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* part of this License. No use of any Covered Hardware Description is *
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* authorized under this License except under this disclaimer. *
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* *
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************************************************************************
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************************************************************************
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* *
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* 7. Limitation of Liability *
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* -------------------------- *
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* *
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* Under no circumstances and under no legal theory, whether tort *
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* (including negligence), contract, or otherwise, shall any *
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* Contributor, or anyone who distributes Covered Hardware Description *
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* as permitted above, be liable to You for any direct, indirect, *
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* special, incidental, or consequential damages of any character *
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* including, without limitation, damages for lost profits, loss of *
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* goodwill, work stoppage, computer failure or malfunction, or any *
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* and all other commercial damages or losses, even if such party *
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* shall have been informed of the possibility of such damages. This *
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* limitation of liability shall not apply to liability for death or *
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* personal injury resulting from such party's negligence to the *
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* extent applicable law prohibits such limitation. Some *
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* jurisdictions do not allow the exclusion or limitation of *
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* incidental or consequential damages, so this exclusion and *
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* limitation may not apply to You. *
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* *
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************************************************************************
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8. Litigation
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-------------
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Any litigation relating to this License may be brought only in the
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courts of a jurisdiction where the defendant maintains its principal
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place of business and such litigation shall be governed by laws of that
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jurisdiction, without reference to its conflict-of-law provisions.
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Nothing in this Section shall prevent a party's ability to bring
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cross-claims or counter-claims.
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9. Miscellaneous
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----------------
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This License represents the complete agreement concerning the subject
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matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent
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necessary to make it enforceable. Any law or regulation which provides
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that the language of a contract shall be construed against the drafter
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shall not be used to construe this License against a Contributor.
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10. Versions of the License
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---------------------------
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10.1. New Versions
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Julius Baxter is the license steward. Except as provided in Section
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10.3, no one other than the license steward has the right to modify or
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publish new versions of this License. Each version will be given a
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distinguishing version number.
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10.2. Effect of New Versions
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You may distribute the Covered Hardware Description under the terms of the
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version of the License under which You originally received the Covered Hardware
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Description, or under the terms of any subsequent version published by the
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license steward.
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10.3. Modified Versions
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If you create designs not governed by this License, and you want to
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create a new license for such designs, you may create and use a
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modified version of this License if you rename the license and remove
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any references to the name of the license steward (except to note that
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such modified license differs from this License).
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10.4. Distributing Source Code Form that is Incompatible With Secondary
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Licenses
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346 |
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If You choose to distribute Source Code Form that is Incompatible With
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Secondary Licenses under the terms of this version of the License, the
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notice described in Exhibit B of this License must be attached.
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Exhibit A - Source Code Form License Notice
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-------------------------------------------
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This Source Code Form is subject to the terms of the
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Open Hardware Description License, v. 1.0. If a copy
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356 |
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of the OHDL was not distributed with this file, You
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357 |
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can obtain one at http://juliusbaxter.net/ohdl/ohdl.txt
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|
359 |
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If it is not possible or desirable to put the notice in a particular
|
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file, then You may include the notice in a location (such as a LICENSE
|
361 |
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file in a relevant directory) where a recipient would be likely to look
|
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for such a notice.
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363 |
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|
364 |
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You may add additional accurate notices of copyright ownership.
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365 |
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|
366 |
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Exhibit B - "Incompatible With Secondary Licenses" Notice
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---------------------------------------------------------
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|
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This Source Code Form is "Incompatible With Secondary Licenses", as
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defined by the Open Hardware Description License, v. 1.0.
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