| 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 | |