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| 1 | +The TAPR Noncommercial Hardware License |
| 2 | +Version 1.0 (May 25, 2007) |
| 3 | +Copyright 2007 TAPR (C) http://www.tapr.org/NCL |
| 4 | + |
| 5 | +PREAMBLE |
| 6 | + |
| 7 | +Open Hardware is a thing - a physical artifact, either electrical or |
| 8 | +mechanical - whose design information is available to, and usable by, |
| 9 | +the public in a way that allows anyone to make, modify, distribute, and |
| 10 | +use that thing. In this preface, design information is called |
| 11 | +"documentation" and things created from it are called "products." |
| 12 | + |
| 13 | +The TAPR Noncommercial Hardware License ("NCL") agreement provides a |
| 14 | +legal framework for Open Hardware projects. It may be used for any kind |
| 15 | +of product, be it a hammer or a computer motherboard, and is TAPR's |
| 16 | +contribution to the community; anyone may use the NCL for their Open |
| 17 | +Hardware project. You are free to copy and use this document provided |
| 18 | +only that you do not change it. |
| 19 | + |
| 20 | +Like the GNU General Public License, the NCL is designed to guarantee |
| 21 | +your freedom to share and to create. It forbids anyone who receives |
| 22 | +rights under the NCL to deny any other licensee those same rights to |
| 23 | +copy, modify, and distribute documentation, and to make, use and |
| 24 | +distribute products based on that documentation. |
| 25 | + |
| 26 | +Unlike the GPL, the NCL is not primarily a copyright license. While |
| 27 | +copyright protects documentation from unauthorized copying, modification, |
| 28 | +and distribution, it has little to do with your right to make, distribute, |
| 29 | +or use a product based on that documentation. For better or worse, patents |
| 30 | +play a significant role in those activities. Although it does not prohibit |
| 31 | +anyone from patenting inventions embodied in an Open Hardware design, and |
| 32 | +of course cannot prevent a third party from enforcing their patent rights, |
| 33 | +those who benefit from an OHL design may not bring lawsuits claiming that |
| 34 | +design infringes their patents or other intellectual property. |
| 35 | + |
| 36 | +The NCL addresses unique issues involved in the creation of tangible, |
| 37 | +physical things, but does not cover software, firmware, or code loaded |
| 38 | +into programmable devices. A copyright-oriented license such as the GPL |
| 39 | +better suits these creations. |
| 40 | + |
| 41 | +The NCL is identical to its cousin, the TAPR Open Hardware License, |
| 42 | +apart from its added requirement that products can be made only for |
| 43 | +noncommercial use. |
| 44 | + |
| 45 | +How can you use the NCL, or a design based upon it? While the terms and |
| 46 | +conditions below take precedence over this preamble, here is a summary: |
| 47 | + |
| 48 | +* You may modify the documentation and make products based upon it, |
| 49 | +provided you do not make more than ten units in any twelve month period. |
| 50 | + |
| 51 | +* You may use products for any legal purpose without limitation. |
| 52 | + |
| 53 | +* You may distribute unmodified documentation, but you must include the |
| 54 | +complete package as you received it. |
| 55 | + |
| 56 | +* You may distribute products you make to third parties, if you: |
| 57 | + * Either include the documentation on which the product is based, |
| 58 | + or make it available without charge for at least three years to |
| 59 | + anyone who requests it. |
| 60 | + * Distribute only on a non-profit basis, charging no more than the |
| 61 | + actual cost of parts, assembly, and shipping. |
| 62 | + |
| 63 | +* You may distribute modified documentation or products based on it, if |
| 64 | +you: |
| 65 | + * License your modifications under the NCL. |
| 66 | + * Include those modifications, following the requirements stated |
| 67 | + below. |
| 68 | + * Attempt to send the modified documentation by email to any of the |
| 69 | + developers who have provided their email address. This is a good |
| 70 | + faith obligation - if the email fails, you need do nothing more |
| 71 | + and may go on with your distribution. |
| 72 | + |
| 73 | +* If you create a design that you want to license under the NCL, you |
| 74 | +should: |
| 75 | + * Include this document in a file named LICENSE (with the appropriate |
| 76 | + extension) that is included in the documentation package. |
| 77 | + * If the file format allows, include a notice like "Licensed under |
| 78 | + the TAPR Noncommercial Hardware License (www.tapr.org/NCL)" in |
| 79 | + each documentation file. While not required, you should also |
| 80 | + include this notice on printed circuit board artwork and the |
| 81 | + product itself; if space is limited the notice can be shortened |
| 82 | + or abbreviated. |
| 83 | + * Include a copyright notice in each file and on printed circuit |
| 84 | + board artwork. |
| 85 | + * If you wish to be notified of modifications that others may make, |
| 86 | + include your email address in a file named "CONTRIB.TXT" or |
| 87 | + something similar. Another reason to include your contact |
| 88 | + information is to allow users who may wish to request rights for |
| 89 | + commercial use to reach you. |
| 90 | + |
| 91 | +* Any time the NCL requires you to make documentation available to |
| 92 | +others, you must include all the materials you received from the |
| 93 | +upstream licensors. In addition, if you have modified the |
| 94 | +documentation: |
| 95 | + * You must identify the modifications in a text file (preferably |
| 96 | + named "CHANGES.TXT") that you include with the documentation. |
| 97 | + That file must also include a statement like "These modifications |
| 98 | + are licensed under the TAPR Noncommercial Hardware License." |
| 99 | + * You must include any new files you created, including any |
| 100 | + manufacturing files (such as Gerber files) you create in the |
| 101 | + course of making products. |
| 102 | + * You must include both "before" and "after" versions of all files |
| 103 | + you modified. |
| 104 | + * You may include files in proprietary formats, but you must also |
| 105 | + include open format versions (such as Gerber, ASCII, Postscript, |
| 106 | + or PDF) if your tools can create them. |
| 107 | + |
| 108 | +TERMS AND CONDITIONS |
| 109 | + |
| 110 | +1. Introduction |
| 111 | +1.1 This Agreement governs how you may use, copy, modify, and |
| 112 | +distribute Documentation, and how you may make, have made, and |
| 113 | +distribute Products based on that Documentation. As used in this |
| 114 | +Agreement, to "distribute" Documentation means to directly or indirectly |
| 115 | +make copies available to a third party, and to "distribute" Products |
| 116 | +means to directly or indirectly give, loan, sell or otherwise transfer |
| 117 | +them to a third party. |
| 118 | + |
| 119 | +1.2 "Documentation" includes: |
| 120 | + (a) schematic diagrams; |
| 121 | + (b) circuit or circuit board layouts, including Gerber and other |
| 122 | + data files used for manufacture; |
| 123 | + (c) mechanical drawings, including CAD, CAM, and other data files |
| 124 | + used for manufacture; |
| 125 | + (d) flow charts and descriptive text; and |
| 126 | + (e) other explanatory material. |
| 127 | +Documentation may be in any tangible or intangible form of expression, |
| 128 | +including but not limited to computer files in open or proprietary |
| 129 | +formats and representations on paper, film, or other media. |
| 130 | + |
| 131 | +1.3 "Products" include: |
| 132 | + (a) circuit boards, mechanical assemblies, and other physical parts |
| 133 | + and components; |
| 134 | + (b) assembled or partially assembled units (including components |
| 135 | + and subassemblies); and |
| 136 | + (c) parts and components combined into kits intended for assembly |
| 137 | + by others; |
| 138 | +which are based in whole or in part on the Documentation. |
| 139 | + |
| 140 | +1.4 This Agreement applies to any Documentation which contains a |
| 141 | +notice stating it is subject to the TAPR Noncommercial Hardware License, |
| 142 | +and to all Products based in whole or in part on that Documentation. If |
| 143 | +Documentation is distributed in an archive (such as a "zip" file) which |
| 144 | +includes this document, all files in that archive are subject to this |
| 145 | +Agreement unless they are specifically excluded. Each person who |
| 146 | +contributes content to the Documentation is referred to in this |
| 147 | +Agreement as a "Licensor." |
| 148 | + |
| 149 | +1.5 By (a) using, copying, modifying, or distributing the |
| 150 | +Documentation, or (b) making or having Products made or distributing |
| 151 | +them, you accept this Agreement, agree to comply with its terms, and |
| 152 | +become a "Licensee." Any activity inconsistent with this Agreement will |
| 153 | +automatically terminate your rights under it (including the immunities |
| 154 | +from suit granted in Section 2), but the rights of others who have |
| 155 | +received Documentation, or have obtained Products, directly or |
| 156 | +indirectly from you will not be affected so long as they fully comply |
| 157 | +with it themselves. |
| 158 | + |
| 159 | +1.6 This Agreement does not apply to software, firmware, or code |
| 160 | +loaded into programmable devices which may be used in conjunction with |
| 161 | +Documentation or Products. Such software is subject to the license |
| 162 | +terms established by its copyright holder(s). |
| 163 | + |
| 164 | +2. Patents |
| 165 | +2.1 Each Licensor grants you, every other Licensee, and every |
| 166 | +possessor or user of Products a perpetual, worldwide, and royalty-free |
| 167 | +immunity from suit under any patent, patent application, or other |
| 168 | +intellectual property right which he or she controls, to the extent |
| 169 | +necessary to make, have made, possess, use, and distribute Products. |
| 170 | +This immunity does not extend to infringement arising from modifications |
| 171 | +subsequently made by others. |
| 172 | + |
| 173 | +2.2 If you make or have Products made, or distribute Documentation |
| 174 | +that you have modified, you grant every Licensor, every other Licensee, |
| 175 | +and every possessor or user of Products a perpetual, worldwide, and |
| 176 | +royalty-free immunity from suit under any patent, patent application, or |
| 177 | +other intellectual property right which you control, to the extent |
| 178 | +necessary to make, have made, possess, use, and distribute Products. |
| 179 | +This immunity does not extend to infringement arising from modifications |
| 180 | +subsequently made by others. |
| 181 | + |
| 182 | +2.3 To avoid doubt, providing Documentation to a third party for the |
| 183 | +sole purpose of having that party make Products on your behalf is not |
| 184 | +considered "distribution," and a third party's act of making Products |
| 185 | +solely on your behalf does not cause that party to grant the immunity |
| 186 | +described in the preceding paragraph. |
| 187 | + |
| 188 | +2.4 These grants of immunity are a material part of this Agreement, |
| 189 | +and form a portion of the consideration given by each party to the |
| 190 | +other. If any court judgment or legal agreement prevents you from |
| 191 | +granting the immunity required by this Section, your rights under this |
| 192 | +Agreement will terminate and you may no longer use, copy, modify or |
| 193 | +distribute the Documentation, or make, have made, or distribute |
| 194 | +Products. |
| 195 | + |
| 196 | +3. Modifications |
| 197 | +You may modify the Documentation, and those modifications will become |
| 198 | +part of the Documentation. They are subject to this Agreement, as are |
| 199 | +Products based in whole or in part on them. If you distribute the |
| 200 | +modified Documentation, or Products based in whole or in part upon it, |
| 201 | +you must email the modified Documentation in a form compliant with |
| 202 | +Section 4 to each Licensor who has provided an email address with the |
| 203 | +Documentation. Attempting to send the email completes your obligations |
| 204 | +under this Section and you need take no further action if any address |
| 205 | +fails. |
| 206 | + |
| 207 | +4. Distributing Documentation |
| 208 | +4.1 You may distribute unmodified copies of the Documentation in its |
| 209 | +entirety in any medium, provided that you retain all copyright and other |
| 210 | +notices (including references to this Agreement) included by each |
| 211 | +Licensor, and include an unaltered copy of this Agreement. |
| 212 | + |
| 213 | +4.2 You may distribute modified copies of the Documentation if you |
| 214 | +comply with all the requirements of the preceding paragraph and: |
| 215 | + (a) include a prominent notice in an ASCII or other open format |
| 216 | + file identifying those elements of the Documentation that you |
| 217 | + changed, and stating that the modifications are licensed under |
| 218 | + the terms of this Agreement; |
| 219 | + (b) include all new documentation files that you create, as well as |
| 220 | + both the original and modified versions of each file you change |
| 221 | + (files may be in your development tool's native file format, |
| 222 | + but if reasonably possible, you must also include open format, |
| 223 | + such as Gerber, ASCII, Postscript, or PDF, versions); |
| 224 | + (c) do not change the terms of this Agreement with respect to |
| 225 | + subsequent licensees; and |
| 226 | + (d) if you make or have Products made, include in the Documentation |
| 227 | + all elements reasonably required to permit others to make |
| 228 | + Products, including Gerber, CAD/CAM and other files used for |
| 229 | + manufacture. |
| 230 | + |
| 231 | +5. Making Products |
| 232 | +5.1 You may use the Documentation to make or have Products made, |
| 233 | +provided that each Product retains any notices included by the Licensor |
| 234 | +(including, but not limited to, copyright notices on circuit boards). |
| 235 | + |
| 236 | +5.2 You may distribute Products you make or have made, provided that |
| 237 | +you include with each unit a copy of the Documentation in a form |
| 238 | +consistent with Section 4. Alternatively, you may include either (i) an |
| 239 | +offer valid for at least three years to provide that Documentation, at |
| 240 | +no charge other than the reasonable cost of media and postage, to any |
| 241 | +person who requests it; or (ii) a URL where that Documentation may be |
| 242 | +downloaded, available for at least three years after you last distribute |
| 243 | +the Product. |
| 244 | + |
| 245 | +5.3 These rights are limited as follows: Products may only be made |
| 246 | +for your personal use or for distribution on a non-profit basis (e.g., |
| 247 | +sold for no more than the actual cost of components, assembly, and |
| 248 | +shipping) Making more than ten units in any twelve month period for any |
| 249 | +purpose is deemed commercial use and is prohibited. These limitations |
| 250 | +may be altered or waived through written or email permission obtained |
| 251 | +from each Licensor. |
| 252 | + |
| 253 | +6. NEW LICENSE VERSIONS |
| 254 | +TAPR may publish updated versions of the NCL which retain the same |
| 255 | +general provisions as the present version, but differ in detail to |
| 256 | +address new problems or concerns, and carry a distinguishing version |
| 257 | +number. If the Documentation specifies a version number which applies |
| 258 | +to it and "any later version", you may choose either that version or any |
| 259 | +later version published by TAPR. If the Documentation does not specify |
| 260 | +a version number, you may choose any version ever published by TAPR. |
| 261 | +TAPR owns the copyright to the NCL, but grants permission to any person |
| 262 | +to copy, distribute, and use it in unmodified form. |
| 263 | + |
| 264 | +7. WARRANTY AND LIABILITY LIMITATIONS |
| 265 | +7.1 THE DOCUMENTATION IS PROVIDED ON AN "AS-IS" BASIS WITHOUT |
| 266 | +WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL |
| 267 | +WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY |
| 268 | +WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND |
| 269 | +TITLE, ARE HEREBY EXPRESSLY DISCLAIMED. |
| 270 | + |
| 271 | +7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR |
| 272 | +BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, |
| 273 | +INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF |
| 274 | +THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS, |
| 275 | +INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY |
| 276 | +INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE |
| 277 | +POSSIBILITY OF SUCH DAMAGES. |
| 278 | + |
| 279 | +7.3 You agree that the foregoing limitations are reasonable due to |
| 280 | +the non-financial nature of the transaction represented by this |
| 281 | +Agreement, and acknowledge that were it not for these limitations, the |
| 282 | +Licensor(s) would not be willing to make the Documentation available to |
| 283 | +you. |
| 284 | + |
| 285 | +7.4 You agree to defend, indemnify, and hold each Licensor harmless |
| 286 | +from any claim brought by a third party alleging any defect in the |
| 287 | +design, manufacture, or operation of any Product which you make, have |
| 288 | +made, or distribute pursuant to this Agreement. |
| 289 | + |
| 290 | + #### |
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