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