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| 1 | V-USB Driver Software License Agreement | ||
| 2 | Version 2009-08-03 | ||
| 3 | |||
| 4 | THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN | ||
| 5 | ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING | ||
| 6 | THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT. | ||
| 7 | |||
| 8 | |||
| 9 | 1 DEFINITIONS | ||
| 10 | |||
| 11 | 1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH, | ||
| 12 | Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA. | ||
| 13 | |||
| 14 | 1.2 "You" shall mean the Licensee. | ||
| 15 | |||
| 16 | 1.3 "V-USB" shall mean all files included in the package distributed under | ||
| 17 | the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/) | ||
| 18 | unless otherwise noted. This includes the firmware-only USB device | ||
| 19 | implementation for Atmel AVR microcontrollers, some simple device examples | ||
| 20 | and host side software examples and libraries. | ||
| 21 | |||
| 22 | |||
| 23 | 2 LICENSE GRANTS | ||
| 24 | |||
| 25 | 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source | ||
| 26 | code of V-USB. | ||
| 27 | |||
| 28 | 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the | ||
| 29 | non-exclusive right to use, copy and distribute V-USB with your hardware | ||
| 30 | product(s), restricted by the limitations in section 3 below. | ||
| 31 | |||
| 32 | 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify | ||
| 33 | the source code and your copy of V-USB according to your needs. | ||
| 34 | |||
| 35 | 2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB | ||
| 36 | Product ID(s), sent to you in e-mail. These Product IDs are reserved | ||
| 37 | exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID | ||
| 38 | ranges under the Vendor ID 5824 from Wouter van Ooijen (Van Ooijen | ||
| 39 | Technische Informatica, www.voti.nl) and under the Vendor ID 8352 from | ||
| 40 | Jason Kotzin (Clay Logic, www.claylogic.com). Both owners of the Vendor IDs | ||
| 41 | have obtained these IDs from the USB Implementers Forum, Inc. | ||
| 42 | (www.usb.org). OBJECTIVE DEVELOPMENT disclaims all liability which might | ||
| 43 | arise from the assignment of USB IDs. | ||
| 44 | |||
| 45 | 2.5 USB Certification. Although not part of this agreement, we want to make | ||
| 46 | it clear that you cannot become USB certified when you use V-USB or a USB | ||
| 47 | Product ID assigned by OBJECTIVE DEVELOPMENT. AVR microcontrollers don't | ||
| 48 | meet the electrical specifications required by the USB specification and | ||
| 49 | the USB Implementers Forum certifies only members who bought a Vendor ID of | ||
| 50 | their own. | ||
| 51 | |||
| 52 | |||
| 53 | 3 LICENSE RESTRICTIONS | ||
| 54 | |||
| 55 | 3.1 Number of Units. Only one of the following three definitions is | ||
| 56 | applicable. Which one is determined by the amount you pay to OBJECTIVE | ||
| 57 | DEVELOPMENT, see section 4 ("Payment") below. | ||
| 58 | |||
| 59 | Hobby License: You may use V-USB according to section 2 above in no more | ||
| 60 | than 5 hardware units. These units must not be sold for profit. | ||
| 61 | |||
| 62 | Entry Level License: You may use V-USB according to section 2 above in no | ||
| 63 | more than 150 hardware units. | ||
| 64 | |||
| 65 | Professional License: You may use V-USB according to section 2 above in | ||
| 66 | any number of hardware units, except for large scale production ("unlimited | ||
| 67 | fair use"). Quantities below 10,000 units are not considered large scale | ||
| 68 | production. If your reach quantities which are obviously large scale | ||
| 69 | production, you must pay a license fee of 0.10 EUR per unit for all units | ||
| 70 | above 10,000. | ||
| 71 | |||
| 72 | 3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber | ||
| 73 | any copy of V-USB, or any of the rights granted herein. | ||
| 74 | |||
| 75 | 3.3 Transfer. You may not transfer your rights under this Agreement to | ||
| 76 | another party without OBJECTIVE DEVELOPMENT's prior written consent. If | ||
| 77 | such consent is obtained, you may permanently transfer this License to | ||
| 78 | another party. The recipient of such transfer must agree to all terms and | ||
| 79 | conditions of this Agreement. | ||
| 80 | |||
| 81 | 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not | ||
| 82 | expressly granted. | ||
| 83 | |||
| 84 | 3.5 Non-Exclusive Rights. Your license rights under this Agreement are | ||
| 85 | non-exclusive. | ||
| 86 | |||
| 87 | 3.6 Third Party Rights. This Agreement cannot grant you rights controlled | ||
| 88 | by third parties. In particular, you are not allowed to use the USB logo or | ||
| 89 | other trademarks owned by the USB Implementers Forum, Inc. without their | ||
| 90 | consent. Since such consent depends on USB certification, it should be | ||
| 91 | noted that V-USB will not pass certification because it does not | ||
| 92 | implement checksum verification and the microcontroller ports do not meet | ||
| 93 | the electrical specifications. | ||
| 94 | |||
| 95 | |||
| 96 | 4 PAYMENT | ||
| 97 | |||
| 98 | The payment amount depends on the variation of this agreement (according to | ||
| 99 | section 3.1) into which you want to enter. Concrete prices are listed on | ||
| 100 | OBJECTIVE DEVELOPMENT's web site, usually at | ||
| 101 | http://www.obdev.at/vusb/license.html. You agree to pay the amount listed | ||
| 102 | there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor | ||
| 103 | or reseller. | ||
| 104 | |||
| 105 | |||
| 106 | 5 COPYRIGHT AND OWNERSHIP | ||
| 107 | |||
| 108 | V-USB is protected by copyright laws and international copyright | ||
| 109 | treaties, as well as other intellectual property laws and treaties. V-USB | ||
| 110 | is licensed, not sold. | ||
| 111 | |||
| 112 | |||
| 113 | 6 TERM AND TERMINATION | ||
| 114 | |||
| 115 | 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE | ||
| 116 | DEVELOPMENT may terminate this Agreement and revoke the granted license and | ||
| 117 | USB-IDs if you fail to comply with any of its terms and conditions. | ||
| 118 | |||
| 119 | 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality | ||
| 120 | and limitation of liability shall survive termination of this agreement. | ||
| 121 | |||
| 122 | |||
| 123 | 7 DISCLAIMER OF WARRANTY AND LIABILITY | ||
| 124 | |||
| 125 | LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY | ||
| 126 | KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE | ||
| 127 | DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER | ||
| 128 | EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES | ||
| 129 | OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND | ||
| 130 | NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE | ||
| 131 | TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL | ||
| 132 | RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO | ||
| 133 | STATE/JURISDICTION. | ||
| 134 | |||
| 135 | LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| 136 | IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY | ||
| 137 | SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER | ||
| 138 | (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, | ||
| 139 | BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY | ||
| 140 | LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE | ||
| 141 | PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE | ||
| 142 | DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY | ||
| 143 | CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS | ||
| 144 | AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB. | ||
| 145 | |||
| 146 | |||
| 147 | 8 MISCELLANEOUS TERMS | ||
| 148 | |||
| 149 | 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing | ||
| 150 | purposes that you entered into this agreement. | ||
| 151 | |||
| 152 | 8.2 Entire Agreement. This document represents the entire agreement between | ||
| 153 | OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by | ||
| 154 | an authorized representative of both, OBJECTIVE DEVELOPMENT and you. | ||
| 155 | |||
| 156 | 8.3 Severability. In case a provision of these terms and conditions should | ||
| 157 | be or become partly or entirely invalid, ineffective, or not executable, | ||
| 158 | the validity of all other provisions shall not be affected. | ||
| 159 | |||
| 160 | 8.4 Applicable Law. This agreement is governed by the laws of the Republic | ||
| 161 | of Austria. | ||
| 162 | |||
| 163 | 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have | ||
| 164 | exclusive jurisdiction regarding all disputes in connection with this | ||
| 165 | agreement. | ||
| 166 | |||
