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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
Imprint / Impressum