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CommercialLicense.txt
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CommercialLicense.txt
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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.