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1 | AVR-USB Driver Software License Agreement |
2 | Version 2008-10-07 | |
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 "AVR-USB" shall mean all files included in the package distributed under | |
17 | the name "avrusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/avrusb/) | |
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 AVR-USB. | |
27 | ||
28 | 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the | |
29 | non-exclusive right to use, copy and distribute AVR-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 AVR-USB according to your needs. | |
34 | ||
35 | 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use | |
36 | USB Product ID(s) sent to you in e-mail after receiving your payment in | |
37 | conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an | |
38 | exclusive license for this pair of USB identifiers from Wouter van Ooijen | |
39 | (www.voti.nl), who has licensed the VID from the USB Implementers Forum, | |
40 | Inc. (www.usb.org). | |
41 | ||
42 | ||
43 | 3 LICENSE RESTRICTIONS | |
44 | ||
45 | 3.1 Number of Units. Only one of the following three definitions is | |
46 | applicable. Which one is determined by the amount you pay to OBJECTIVE | |
47 | DEVELOPMENT, see section 4 ("Payment") below. | |
48 | ||
49 | Hobby License: You may use AVR-USB according to section 2 above in no more | |
50 | than 5 hardware units. These units must not be sold for profit. | |
51 | ||
52 | Entry Level License: You may use AVR-USB according to section 2 above in no | |
53 | more than 150 hardware units. | |
54 | ||
55 | Professional License: You may use AVR-USB according to section 2 above in | |
56 | any number of hardware units, except for large scale production ("unlimited | |
57 | fair use"). Quantities below 10,000 units are not considered large scale | |
58 | production. If your reach quantities which are obviously large scale | |
59 | production, you must pay a license fee of 0.10 EUR per unit for all units | |
60 | above 10,000. | |
61 | ||
62 | 3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber | |
63 | any copy of AVR-USB, or any of the rights granted herein. | |
64 | ||
65 | 3.3 Transfer. You may not transfer your rights under this Agreement to | |
66 | another party without OBJECTIVE DEVELOPMENT's prior written consent. If | |
67 | such consent is obtained, you may permanently transfer this License to | |
68 | another party. The recipient of such transfer must agree to all terms and | |
69 | conditions of this Agreement. | |
70 | ||
71 | 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not | |
72 | expressly granted. | |
73 | ||
74 | 3.5 Non-Exclusive Rights. Your license rights under this Agreement are | |
75 | non-exclusive. | |
76 | ||
77 | 3.6 Third Party Rights. This Agreement cannot grant you rights controlled | |
78 | by third parties. In particular, you are not allowed to use the USB logo or | |
79 | other trademarks owned by the USB Implementers Forum, Inc. without their | |
80 | consent. Since such consent depends on USB certification, it should be | |
81 | noted that AVR-USB will not pass certification because it does not | |
82 | implement checksum verification and the microcontroller ports do not meet | |
83 | the electrical specifications. | |
84 | ||
85 | ||
86 | 4 PAYMENT | |
87 | ||
88 | The payment amount depends on the variation of this agreement (according to | |
89 | section 3.1) into which you want to enter. Concrete prices are listed on | |
90 | OBJECTIVE DEVELOPMENT's web site, usually at | |
91 | http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed | |
92 | there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor | |
93 | or reseller. | |
94 | ||
95 | ||
96 | 5 COPYRIGHT AND OWNERSHIP | |
97 | ||
98 | AVR-USB is protected by copyright laws and international copyright | |
99 | treaties, as well as other intellectual property laws and treaties. AVR-USB | |
100 | is licensed, not sold. | |
101 | ||
102 | ||
103 | 6 TERM AND TERMINATION | |
104 | ||
105 | 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE | |
106 | DEVELOPMENT may terminate this Agreement and revoke the granted license and | |
107 | USB-IDs if you fail to comply with any of its terms and conditions. | |
108 | ||
109 | 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality | |
110 | and limitation of liability shall survive termination of this agreement. | |
111 | ||
112 | ||
113 | 7 DISCLAIMER OF WARRANTY AND LIABILITY | |
114 | ||
115 | LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY | |
116 | KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE | |
117 | DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER | |
118 | EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES | |
119 | OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND | |
120 | NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE | |
121 | TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL | |
122 | RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO | |
123 | STATE/JURISDICTION. | |
124 | ||
125 | LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | |
126 | IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY | |
127 | SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER | |
128 | (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, | |
129 | BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY | |
130 | LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THE | |
131 | PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE | |
132 | DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY | |
133 | CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS | |
134 | AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB. | |
135 | ||
136 | ||
137 | 8 MISCELLANEOUS TERMS | |
138 | ||
139 | 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing | |
140 | purposes that you entered into this agreement. | |
141 | ||
142 | 8.2 Entire Agreement. This document represents the entire agreement between | |
143 | OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by | |
144 | an authorized representative of both, OBJECTIVE DEVELOPMENT and you. | |
145 | ||
146 | 8.3 Severability. In case a provision of these terms and conditions should | |
147 | be or become partly or entirely invalid, ineffective, or not executable, | |
148 | the validity of all other provisions shall not be affected. | |
149 | ||
150 | 8.4 Applicable Law. This agreement is governed by the laws of the Republic | |
151 | of Austria. | |
152 | ||
153 | 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have | |
154 | exclusive jurisdiction regarding all disputes in connection with this | |
155 | agreement. | |
156 |