Rev Author Line No. Line
3331 kaklik 1 AVR-USB Driver Software License Agreement
2 Version 2006-07-24
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.
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16 1.3 "AVR-USB" shall mean the firmware-only USB device implementation for
17 Atmel AVR microcontrollers distributed by OBJECTIVE DEVELOPMENT and
18 consisting of the files usbdrv.c, usbdrv.h, usbdrvasm.S, oddebug.c,
19 oddebug.h, usbdrvasm.asm, iarcompat.h and usbconfig-prototype.h.
20  
21  
22 2 LICENSE GRANTS
23  
24 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
25 code of AVR-USB.
26  
27 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
28 non-exclusive right to use and distribute AVR-USB with your hardware
29 product(s), restricted by the limitations in section 3 below.
30  
31 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
32 your copy of AVR-USB according to your needs.
33  
34 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use
35 USB Product ID(s) sent to you in e-mail after receiving your payment in
36 conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an
37 exclusive license for this pair of USB identifiers from Wouter van Ooijen
38 (www.voti.nl), who has licensed the VID from the USB Implementers Forum,
39 Inc. (www.usb.org).
40  
41  
42 3 LICENSE RESTRICTIONS
43  
44 3.1 Number of Units. Only one of the following three definitions is
45 applicable. Which one is determined by the amount you pay to OBJECTIVE
46 DEVELOPMENT, see section 4 ("Payment") below.
47  
48 Hobby License: You may use AVR-USB according to section 2 above in no more
49 than 5 hardware units. These units must not be sold for profit.
50  
51 Entry Level License: You may use AVR-USB according to section 2 above in no
52 more than 150 hardware units.
53  
54 Professional License: You may use AVR-USB according to section 2 above in
55 any number of hardware units, except for large scale production ("unlimited
56 fair use"). Quantities below 10,000 units are not considered large scale
57 production. If your reach quantities which are obviously large scale
58 production, you must pay a license fee of 0.10 EUR per unit for all units
59 above 10,000.
60  
61 3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber
62 any copy of AVR-USB, or any of the rights granted herein.
63  
64 3.3 Transfer. You may not transfer your rights under this Agreement to
65 another party without OBJECTIVE DEVELOPMENT's prior written consent. If
66 such consent is obtained, you may permanently transfer this License to
67 another party. The recipient of such transfer must agree to all terms and
68 conditions of this Agreement.
69  
70 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
71 expressly granted.
72  
73 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
74 non-exclusive.
75  
76 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
77 by third parties. In particular, you are not allowed to use the USB logo or
78 other trademarks owned by the USB Implementers Forum, Inc. without their
79 consent. Since such consent depends on USB certification, it should be
80 noted that AVR-USB will not pass certification because it does not
81 implement checksum verification and the microcontroller ports do not meet
82 the electrical specifications.
83  
84  
85 4 PAYMENT
86  
87 The payment amount depends on the variation of this agreement (according to
88 section 3.1) into which you want to enter. Concrete prices are listed on
89 OBJECTIVE DEVELOPMENT's web site, usually at
90 http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed
91 there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
92 or reseller.
93  
94  
95 5 COPYRIGHT AND OWNERSHIP
96  
97 AVR-USB is protected by copyright laws and international copyright
98 treaties, as well as other intellectual property laws and treaties. AVR-USB
99 is licensed, not sold.
100  
101  
102 6 TERM AND TERMINATION
103  
104 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
105 DEVELOPMENT may terminate this Agreement and revoke the granted license and
106 USB-IDs if you fail to comply with any of its terms and conditions.
107  
108 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
109 and limitation of liability shall survive termination of this agreement.
110  
111  
112 7 DISCLAIMER OF WARRANTY AND LIABILITY
113  
114 LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
115 KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
116 DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
117 EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
118 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
119 NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE
120 TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
121 RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
122 STATE/JURISDICTION.
123  
124 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
125 IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
126 SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
127 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
128 BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
129 LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THE
130 PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
131 DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
132 CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
133 AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB.
134  
135  
136 8 MISCELLANEOUS TERMS
137  
138 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
139 purposes that you entered into this agreement.
140  
141 8.2 Entire Agreement. This document represents the entire agreement between
142 OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
143 an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
144  
145 8.3 Severability. In case a provision of these terms and conditions should
146 be or become partly or entirely invalid, ineffective, or not executable,
147 the validity of all other provisions shall not be affected.
148  
149 8.4 Applicable Law. This agreement is governed by the laws of the Republic
150 of Austria.
151  
152 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
153 exclusive jurisdiction regarding all disputes in connection with this
154 agreement.
155