The c,mm,n open product licence
From c,mm,n
c,mm,n Terms of Use and License, Beta Version
Discussion is here: Talk:The c,mm,n open product licence
c,mm,n License Terms, Version 2.0
Preamble
All input submitted to the open source c,mm,n community (‘the c,mm,nity’), relating in particular, but not restricted to the development, design, engineering, testing, production, distribution, use and waste of the c,mm,n car and the c,mm,n mobility concept are subject to these c,mm,n License Terms (hereinafter “the c,mm,n Terms”) Each time You use, distribute, publish or incorporate the Design or Derivative Design, the Licensor offers to the recipient a license to the Design or Derivative Design on the same terms and conditions as the license granted to You under the c,mm,n Terms. To the extent c,mm,n Terms may be considered to be a contract, the Licensor grants the rights contained herein consideration of your acceptance of such terms and conditions on the basis of reciprocity. This means that you grant the same rights for the use of any Design or Derative Design you submit.
1. Definitions
a. “c,mm,nity” is an interactive community. Its activities are predominately located at cmmn.org. The c,mm,nity offers different interactive service such as a forum, a blog, and a platform where you can upload Designs or modify Designs submitted by other members.
b. “Design” means the original blueprint, drawing, calculation, software source code, mobility concept, and any other know-how that is protected under the Dutch Copyright Act (Auteurswet) or any other proprietary rights, including but not limited to schematic diagrams; circuit or circuit board layouts, including Gerber and other data files used for manufacture; mechanical drawings, including CAD, CAM and other data files used for manufacture; flow charts and descriptive text; and other explanatory material. Designs may be in any tangible or intangible form.
c. "Derivative Design" means any modification of the Design and/or any design based upon the Design and other pre-existing designs.
d. “Foundation”, the foundation “Stichting c,mm,n” (hereinafter “the Foundation”). It is organized and existing under the laws of the Netherlands with the primary purpose of providing the means to stimulate and make possible sustainable mobility. This purpose will be met by facilitating the c,mm,nity and to guard and protect the rights of the c,mm,nity members, inter alia the possibility to represent the members in any legal dispute, including litigation and enforcement, pertaining to each member’s propriety rights to a Design or Derivative Design.
e. "Licensor" means the individual, individuals, entity or entities that offers the Design or Derivative Design under the c,mm,n Terms. Licensor is also You, namely when Licensor exercises rights under the c,mm,n Terms by modifying a Design into a Derivative Design or act otherwise as set forth in section 2 hereunder.
f. “Product” is any physical product, including but not limited to circuit boards, mechanical assemblies, and other physical parts and components, assembled or partially assembled units, including components and subassemblies; and parts and components combined into kits intended for assembly by others, based in whole or in part on a Design or in which the Design is incorporated.
g. “Service” means any implementation of a service based in a whole or in part on a Design or Derivative Design pertaining to a mobility concept.
h. “Website” means the c,mm,n platform on cmmn.org.
i. "You" means an individual or entity exercising rights under the c,mm,n Terms. As such You are a Licensee. “You” are likely to be an individual or entity who at the same time acts as a Licensor, namely when You exercise rights under the c,mm,n Terms by way of modifying the Design and submitting this Derivative Design to the c’,mm,nity.
2. Subject.
2.1. The c,mm,n Terms govern how You may use, copy, modify, distribute, publish and incorporate Designs or Derivative Designs, including the right to manufacture and distribute a Product or render a Service.
2.2. The c,mm,n Terms apply to any Design contributed to the c’mm’nity and any Derivative Design, as well as to all Products or Services based in whole or in part on that Design or Derivative Design. If any Design or Derivative Design is distributed in an archive (such as a "zip" file) which includes this Design or Derivative Design, all files in that archive are subject to the c,mm,n Terms unless they are specifically excluded. Each person who contributes content to the Design or Derivative Design is referred to in the c,mm,n Terms as a "Licensor."
2.3. By (a) using, copying, modifying, or distributing Design or Derivative Design, or (b) making or having Products made or distributing them, or (c) render or incorporate Services or have Services rendered or incorporated, You accept the c,mm,n Terms, agree to comply with its terms, and become a Licensee. Any activity inconsistent with the c,mm,n Terms will automatically terminate Your rights under it (including the immunities from suit granted in Section 9), but the rights of others who have access to any Design, or have obtained Products or Services, directly or indirectly from You will not be affected so long as they fully comply with it themselves.
3. License Grant.
3.1. Subject to the c,mm,n Terms, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual license to exercise the rights in the Design or Derivative Design as stated below:
a. to reproduce the Design or Derivative Design, to distribute, to incorporate it into one or more other Designs or Derivative Designs;
b. to create Derivative Works;
c. to reproduce and distribute a Design or Derivative Design as incorporated in a Product or Service; provided that any such act under Section 3.1. under a or any Derivative Work is clearly labeled, demarcate or otherwise identified that changes were made to the original Design, that these changes are specified, and that a copy of the original Design and the following Derivative Designs are attached; also You shall retain all references to the c,mm,n Terms, with, as much as possible, an easy access to these Terms
3.2. The above rights may be exercised in all media and formats whether now known or hereafter devised. The rights may also be exercised for any Product, Service, field of endeavor or business (notwithstanding the prohibition to use the Design or Derivative Design for warfare or strive). All rights not expressly granted by Licensor are hereby reserved.
3.3. By accepting the c,mm,n Terms You grant a license under the same terms for any Design or Derivative Design you might submit to the c,mm,nity which means You are under the same terms a Licensor as well.
3.4. By accepting the c,mm,n Terms You waive your moral rights (persoonlijkheidsrechten) to any Design or Derivative Design you might have to the extent permitted by applicable law.
4. Patent and Design Clause
4.1. Although discouraged as contrary to the open character of the C,mm,n Community, You may submit patents in a Design or Derivative Design or registered designs under the following conditions:
(a) You are obliged to clearly disclose any submission of patents or registered designs;
(b) You expressly allow the further use of such patents or registered designs on a royalty free basis;
(c) You expressly allow the further use of such patents or registered designs in Products or Services based on a Design or Derivative Design on a reasonable royalty fee basis.
4.2. To avoid doubt, it is strictly prohibited to file any patent or design application based on any know-how, Design or Derivative Design disclosed via the c,mm,n Community.
5. Distributing Designs or Derivative Designs
5.1. You may distribute unmodified copies of the Design in its entirety in any medium, provided that You retain all references to the c,mm,n Terms, with, as much as possible, an easy access to these Terms.
5.2. You may distribute a Derivative Design if You comply with all the requirements of the preceding paragraph and (cumulatively):
(a) include a prominent notice in an ASCII or other open format file identifying those elements of the Design that You changed, and stating that the modifications are licensed under the c,mm,n Terms with a clear reference and easy access to these terms;
(b) include all new Design files that You create, as well as both the original and modified versions of each file You change (files may be in Your development tool's native file format, but if reasonably possible, You must also include open format, such as Gerber, ASCII, Postscript, or PDF, versions);
(c) do not change the c,mm,n terms with respect to subsequent licensees; and
6. Making and distributing Products, rendering Services
6.1. You may use the Designs or Derivative Designs to make or have Products made or to render or have Services rendered, provided that each Product or Service retains any notices included by the Licensor with a clear reference and easy access to the c,mm,n Terms.
6.2. You may distribute Products you make or have made and you may render or have Services rendered, provided that You either include (i) an offer valid for at least three years to provide your Derivative Design that led to the Product or Service, at no charge other than the reasonable cost of media and postage, to any person who requests it; or (ii) a URL where that Design may be downloaded, available for at least three years after you last distribute the Product or render the Service.
6.3. Any Design, Derivative Design or other know-how created with the manufacturing or distribution of a Product, or incorporation of a Service has to be shared with the c,mm,nity which means You have to submit this know-how in a same manner as Designs are submitted.
7. New License Versions
7.1. the Foundation reserves the right to make changes to the Website and the c,mm,n Terms at any time. The amended Terms shall be effective upon posting on this Website. Therefore be advised to check the c,mm,n Terms published on the Website on a regular basis..
8. Warranty and Liability Limitations
8.1. THE DESIGNS AND DERIVATIVE DESIGNS ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.
8.2. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL THE FOUNDATION OR ANY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OFTHE USE OF, OR INABILITY TO USE, THE DESIGNS, DERIVATIVE DESIGNS, PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. You agree to defend, indemnify, and hold each Licensor as well as c,mm,n harmless from any claim brought by a third party alleging any defect in the Design, manufacture, or operation of any Product which you make, have made, or distribute, or any Service which you render or have rendered pursuant to the c,mm,n Terms.
9. Indemnification
9.1. Each Licensor grants You, every other Licensee, and every possessor or user of Products a perpetual, worldwide, and royalty-free indemnification from suit under any patent, patent application, or other intellectual property right which he or she controls, to the extent necessary to make, have made, possess, use, and distribute Products or Services. This indemnification does not extend to infringement arising from modifications subsequently made by others.
9.2. If You make or have Products made or render or have rendered Services, or distribute Designs or Derivative Designs that You have modified, You grant every Licensor, every other Licensee, and every possessor or user of Products or Services a perpetual, worldwide, and royalty-free indemnification from suit under any patent, patent application, or other intellectual property right which you control, to the extent necessary to make, have made, possess, use, and distribute Products. This indemnification does not extend to infringement arising from modifications subsequently made by others.
10. Representation by the Foundation
10.1. The c,mm,nity and its members may be represented by the Foundation.
10.2. By accepting the c’mm’n Terms, You give the Foundation a power of attorney to represent You in any dispute pertaining to a Design or Derivative Design You have submitted, including the enforcement of your rights under the c,mm,n Terms. However, the Foundation shall never be obliged to do so.
11. Termination
11.1. Your rights granted hereunder will invoke automatically upon any breach by You of the C,mm,n Terms. Individuals or entities who have received Designs, Derivative Designs from You under the C,mm,n Terms, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with the C,mm,n Terms.
11.2. Subject to the c,mm,n Terms, the license granted here is perpetual. Notwithstanding the above, Licensor reserves the right to release the Design or Derivative Design under different license terms or to stop distributing the Design or Derivative Design at any time; provided, however that any such election will not serve to withdraw or invoke this License (or any other license that has been, or is required to be, granted under the c,mm,n Terms), and this License will continue in full force and effect unless invoked as stated above.
12. Miscellaneous
12.1. If any provision of the c,mm,n Terms is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms, and without further action by You, Licensor or c,mm,n, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
12.2. The c,mm,n Terms are governed by and construed in accordance with the laws of The Netherlands. Any dispute arising out of or related to the C,mm,n Terms which cannot be settled amicably shall be settled by the competent court in Amsterdam, The Netherlands.
12.3. Except for the limited purpose of indicating to the public that the Design or Derivative Design is licensed under the c,mm,n Terms, the Foundation does not authorize the use by any of the c,mm,nity members or third parties of the trademark "c,mm,n" or any related trademark or logo of the Foundations without the prior written consent of the Foundation.
