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CommercialLicense.txt 7.1KB

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