---
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
---

Open Hardware Description License Version 1.0
(Based on the MPL 2.0 RC2)
========================================================

1. Definitions
--------------

1.1. "Contributor"
    means each individual or legal entity that creates, contributes to
    the creation of, or owns a Covered Hardware Description.

1.2. "Contributor Version"
    means the combination of the Contributions of others (if any) used
    by a Contributor and that particular Contributor's Contribution.

1.3. "Contribution"
    means Covered Hardware Description of a particular Contributor.

1.4. "Covered Hardware Description"
    means Source Code Form to which the initial Contributor has attached
    the notice in Exhibit A, the Processed Form of such Source Code
    Form, and Modifications of such Source Code Form, in each case
    including portions thereof.

1.5. "Incompatible With Secondary Licenses"
    means that the initial Contributor has attached the notice described in
    Exhibit B to the Covered Hardware Description

1.6. "Processed Form"
    means any form of the work other than Source Code Form.

1.7. "Larger Work"
    means a work that combines a Covered Hardware Description with code in a 
    separate file or files not governed by the terms of this License.

1.8. "License"
    means this document.

1.9. "Licensable"
    means having the right to grant, to the maximum extent possible,
    whether at the time of the initial grant or subsequently, any and
    all of the rights conveyed by this License.

1.10. "Modifications"
    means any of the following:

    (a) any file in Source Code Form that results from an addition to,
        deletion from, or modification of the contents of a Covered
        Hardware Description; or

    (b) any new file in Source Code Form that contains any Covered
        Hardware Description Source.

1.11. "Patent Claims" of a Contributor
    means any patent claim(s), including without limitation, method,
    process, and apparatus claims, in any patent Licensable by such
    Contributor that would be infringed, but for the grant of the
    License, by the making, using, selling, offering for sale, having
    made, import, or transfer of either its Contributions or its
    Contributor Version.

1.12. "Secondary License"
    means either the GNU General Public License, Version 2.0 or later,
    the GNU Lesser General Public License, Version 2.1 or later, or the
    GNU Affero General Public License, Version 3.0 or later, or the
    TAPR Open Hardware License, Version 1.0 or later, or the CERN OHL,
    Verstion 1.1 or later.

1.13. "Source Code Form"
    means the form of the work preferred for making modifications.

1.14. "You" (or "Your")
    means an individual or a legal entity exercising rights under this
    License. For legal entities, "You" includes any entity that
    controls, is controlled by, or is under common control with You. For
    purposes of this definition, "control" means (a) the power, direct
    or indirect, to cause the direction or management of such entity,
    whether by contract or otherwise, or (b) ownership of more than
    fifty percent (50%) of the outstanding shares or beneficial
    ownership of such entity.

2. License Grants and Conditions
--------------------------------

2.1. Grants

Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:

(a) under intellectual property rights (other than patent or trademark)
    Licensable by such Contributor to use, reproduce, make available,
    modify, display, perform, distribute, and otherwise exploit its
    Contributions, either on an unmodified basis, with Modifications, or
    as part of a Larger Work; and

(b) under Patent Claims of such Contributor to make, use, sell, offer
    for sale, have made, import, and otherwise transfer either its
    Contributions or its Contributor Version.

2.2. Effective Date

The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.

2.3. Limitations on Grant Scope

The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Hardware Description under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:

(a) for any code that a Contributor has removed from Covered Hardware 
    Description; or

(b) for infringements caused by: (i) Your and any other third party's
    modifications of a Covered Hardware Description, or (ii) the combination 
    of its Contributions with other Source (except as part of its Contributor
    Version); or

(c) under Patent Claims infringed by a Covered Hardware Description in the 
    absence of its Contributions.

This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).

2.4. Subsequent Licenses

No Contributor makes additional grants as a result of Your choice to
distribute the Covered Hardware Description under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).

2.5. Representation

Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.

2.6. Fair Use

This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.

2.7. Conditions

Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.

3. Responsibilities
-------------------

3.1. Distribution of Source Form

All distribution of Covered Hardware Description in Source Code Form, 
including any Modifications that You create or to which You contribute, must be
under the terms of this License. You must inform recipients that the Source
Code Form of the Covered Hardware Description is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.

3.2. Distribution of Processed Form

If You distribute Covered Hardware Description in Processed Form then:

(a) such Covered Hardware Description must also be made available in Source 
    Code Form, as described in Section 3.1, and You must inform recipients of
    the Processed Form how they can obtain a copy of such Source Code
    Form by reasonable means in a timely manner, at a charge no more
    than the cost of distribution to the recipient; and

(b) You may distribute such Processed Form under the terms of this
    License, or sublicense it under different terms, provided that the
    license for the Processed Form does not attempt to limit or alter
    the recipients' rights in the Source Code Form under this License.

3.3. Distribution of a Larger Work

You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Hardware Description. If the Larger Work is a combination of a 
Covered Hardware Description with a work governed by a Secondary License, and 
the Covered Hardware Description is not Incompatible With Secondary Licenses, 
this License permits You to additionally distribute such Covered Hardware 
Description under the terms of that Secondary License, so that the recipient of
the Larger Work may, at their option, further distribute the Covered Hardware 
Description under the terms of either this License or that Secondary License.

3.4. Notices

You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Hardware Description, except that You may alter any license notices
to the extent required to remedy known factual inaccuracies.

3.5. Application of Additional Terms

You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of a Covered
Hardware Description. However, You may do so only on Your own behalf, and not 
on behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.

4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------

If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Hardware Description due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Hardware Description under this License. Except to the extent prohibited by 
statute or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.

5. Termination
--------------

5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.

5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Hardware Description under 
Section 2.1 of this License shall terminate.

5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.

************************************************************************
*                                                                      *
*  6. Disclaimer of Warranty                                           *
*  -------------------------                                           *
*                                                                      *
*  The Covered Hardware Description is provided under this License on  *
*  an "as is" basis, without warranty of any kind, either expressed,   *
*  implied, or statutory, including, without limitation, warranties    *
*  that the Covered Hardware Description is free of defects,           *
*  merchantable, fit for a particular purpose or non-infringing. The   *
*  entire risk as to the quality and performance of the Covered        *
*  Hardware Description is with You. Should any Covered Hardware       *
*  Description prove defective in any respect, You (not any            *
*  Contributor) assume the cost of any necessary servicing, repair, or *
*  correction. This disclaimer of warranty constitutes an essential    *
*  part of this License. No use of any Covered Hardware Description is *
*  authorized under this License except under this disclaimer.         *
*                                                                      *
************************************************************************

************************************************************************
*                                                                      *
*  7. Limitation of Liability                                          *
*  --------------------------                                          *
*                                                                      *
*  Under no circumstances and under no legal theory, whether tort      *
*  (including negligence), contract, or otherwise, shall any           *
*  Contributor, or anyone who distributes Covered Hardware Description *
*  as permitted above, be liable to You for any direct, indirect,      *
*  special, incidental, or consequential damages of any character      *
*  including, without limitation, damages for lost profits, loss of    *
*  goodwill, work stoppage, computer failure or malfunction, or any    *
*  and all other commercial damages or losses, even if such party      *
*  shall have been informed of the possibility of such damages. This   *
*  limitation of liability shall not apply to liability for death or   *
*  personal injury resulting from such party's negligence to the       *
*  extent applicable law prohibits such limitation. Some               *
*  jurisdictions do not allow the exclusion or limitation of           *
*  incidental or consequential damages, so this exclusion and          *
*  limitation may not apply to You.                                    *
*                                                                      *
************************************************************************

8. Litigation
-------------

Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.

9. Miscellaneous
----------------

This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.

10. Versions of the License
---------------------------

10.1. New Versions

Julius Baxter is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.

10.2. Effect of New Versions

You may distribute the Covered Hardware Description under the terms of the 
version of the License under which You originally received the Covered Hardware
Description, or under the terms of any subsequent version published by the 
license steward.

10.3. Modified Versions

If you create designs not governed by this License, and you want to
create a new license for such designs, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).

10.4. Distributing Source Code Form that is Incompatible With Secondary
Licenses

If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.

Exhibit A - Source Code Form License Notice
-------------------------------------------

  This Source Code Form is subject to the terms of the 
  Open Hardware Description License, v. 1.0. If a copy 
  of the OHDL was not distributed with this file, You 
  can obtain one at http://juliusbaxter.net/ohdl/ohdl.txt

If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.

You may add additional accurate notices of copyright ownership.

Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------

  This Source Code Form is "Incompatible With Secondary Licenses", as
  defined by the Open Hardware Description License, v. 1.0.