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