Line 1... |
Line 1... |
1 |
AVR-USB Driver Software License Agreement |
1 |
V-USB Driver Software License Agreement |
2 |
Version 2006-07-24 |
2 |
Version 2012-07-09 |
3 |
|
3 |
|
4 |
THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN |
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 |
5 |
ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING |
6 |
THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT. |
6 |
THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT. |
7 |
|
7 |
|
Line 11... |
Line 11... |
11 |
1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH, |
11 |
1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH, |
12 |
Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA. |
12 |
Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA. |
13 |
|
13 |
|
14 |
1.2 "You" shall mean the Licensee. |
14 |
1.2 "You" shall mean the Licensee. |
15 |
|
15 |
|
16 |
1.3 "AVR-USB" shall mean the firmware-only USB device implementation for |
16 |
1.3 "V-USB" shall mean all files included in the package distributed under |
17 |
Atmel AVR microcontrollers distributed by OBJECTIVE DEVELOPMENT and |
17 |
the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/) |
18 |
consisting of the files usbdrv.c, usbdrv.h, usbdrvasm.S, oddebug.c, |
18 |
unless otherwise noted. This includes the firmware-only USB device |
- |
|
19 |
implementation for Atmel AVR microcontrollers, some simple device examples |
19 |
oddebug.h, usbdrvasm.asm, iarcompat.h and usbconfig-prototype.h. |
20 |
and host side software examples and libraries. |
20 |
|
21 |
|
21 |
|
22 |
|
22 |
2 LICENSE GRANTS |
23 |
2 LICENSE GRANTS |
23 |
|
24 |
|
24 |
2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source |
25 |
2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source |
25 |
code of AVR-USB. |
26 |
code of V-USB. |
26 |
|
27 |
|
27 |
2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the |
28 |
2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the |
28 |
non-exclusive right to use and distribute AVR-USB with your hardware |
29 |
non-exclusive right to use, copy and distribute V-USB with your hardware |
29 |
product(s), restricted by the limitations in section 3 below. |
30 |
product(s), restricted by the limitations in section 3 below. |
30 |
|
31 |
|
31 |
2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify |
32 |
2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify |
32 |
your copy of AVR-USB according to your needs. |
33 |
the source code and your copy of V-USB according to your needs. |
33 |
|
34 |
|
34 |
2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use |
35 |
2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB |
35 |
USB Product ID(s) sent to you in e-mail after receiving your payment in |
36 |
Product ID(s), sent to you in e-mail. These Product IDs are reserved |
36 |
conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an |
37 |
exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID |
37 |
exclusive license for this pair of USB identifiers from Wouter van Ooijen |
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 (now flirc.tv, Inc.). Both owners of the Vendor IDs have |
38 |
(www.voti.nl), who has licensed the VID from the USB Implementers Forum, |
41 |
obtained these IDs from the USB Implementers Forum, Inc. (www.usb.org). |
- |
|
42 |
OBJECTIVE DEVELOPMENT disclaims all liability which might arise from the |
39 |
Inc. (www.usb.org). |
43 |
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. |
40 |
|
51 |
|
41 |
|
52 |
|
42 |
3 LICENSE RESTRICTIONS |
53 |
3 LICENSE RESTRICTIONS |
43 |
|
54 |
|
44 |
3.1 Number of Units. Only one of the following three definitions is |
55 |
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 |
56 |
applicable. Which one is determined by the amount you pay to OBJECTIVE |
46 |
DEVELOPMENT, see section 4 ("Payment") below. |
57 |
DEVELOPMENT, see section 4 ("Payment") below. |
47 |
|
58 |
|
48 |
Hobby License: You may use AVR-USB according to section 2 above in no more |
59 |
Hobby License: You may use V-USB according to section 2 above in no more |
49 |
than 5 hardware units. These units must not be sold for profit. |
60 |
than 5 hardware units. These units must not be sold for profit. |
50 |
|
61 |
|
51 |
Entry Level License: You may use AVR-USB according to section 2 above in no |
62 |
Entry Level License: You may use V-USB according to section 2 above in no |
52 |
more than 150 hardware units. |
63 |
more than 150 hardware units. |
53 |
|
64 |
|
54 |
Professional License: You may use AVR-USB according to section 2 above in |
65 |
Professional License: You may use V-USB according to section 2 above in |
55 |
any number of hardware units, except for large scale production ("unlimited |
66 |
any number of hardware units, except for large scale production ("unlimited |
56 |
fair use"). Quantities below 10,000 units are not considered large scale |
67 |
fair use"). Quantities below 10,000 units are not considered large scale |
57 |
production. If your reach quantities which are obviously large scale |
68 |
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 |
69 |
production, you must pay a license fee of 0.10 EUR per unit for all units |
59 |
above 10,000. |
70 |
above 10,000. |
60 |
|
71 |
|
61 |
3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber |
72 |
3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber |
62 |
any copy of AVR-USB, or any of the rights granted herein. |
73 |
any copy of V-USB, or any of the rights granted herein. |
63 |
|
74 |
|
64 |
3.3 Transfer. You may not transfer your rights under this Agreement to |
75 |
3.3 Transfer. You may not transfer your rights under this Agreement to |
65 |
another party without OBJECTIVE DEVELOPMENT's prior written consent. If |
76 |
another party without OBJECTIVE DEVELOPMENT's prior written consent. If |
66 |
such consent is obtained, you may permanently transfer this License to |
77 |
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 |
78 |
another party. The recipient of such transfer must agree to all terms and |
Line 75... |
Line 86... |
75 |
|
86 |
|
76 |
3.6 Third Party Rights. This Agreement cannot grant you rights controlled |
87 |
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 |
88 |
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 |
89 |
other trademarks owned by the USB Implementers Forum, Inc. without their |
79 |
consent. Since such consent depends on USB certification, it should be |
90 |
consent. Since such consent depends on USB certification, it should be |
80 |
noted that AVR-USB will not pass certification because it does not |
91 |
noted that V-USB will not pass certification because it does not |
81 |
implement checksum verification and the microcontroller ports do not meet |
92 |
implement checksum verification and the microcontroller ports do not meet |
82 |
the electrical specifications. |
93 |
the electrical specifications. |
83 |
|
94 |
|
84 |
|
95 |
|
85 |
4 PAYMENT |
96 |
4 PAYMENT |
86 |
|
97 |
|
87 |
The payment amount depends on the variation of this agreement (according to |
98 |
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 |
99 |
section 3.1) into which you want to enter. Concrete prices are listed on |
89 |
OBJECTIVE DEVELOPMENT's web site, usually at |
100 |
OBJECTIVE DEVELOPMENT's web site, usually at |
90 |
http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed |
101 |
http://www.obdev.at/vusb/license.html. You agree to pay the amount listed |
91 |
there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor |
102 |
there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor |
92 |
or reseller. |
103 |
or reseller. |
93 |
|
104 |
|
94 |
|
105 |
|
95 |
5 COPYRIGHT AND OWNERSHIP |
106 |
5 COPYRIGHT AND OWNERSHIP |
96 |
|
107 |
|
97 |
AVR-USB is protected by copyright laws and international copyright |
108 |
V-USB is protected by copyright laws and international copyright |
98 |
treaties, as well as other intellectual property laws and treaties. AVR-USB |
109 |
treaties, as well as other intellectual property laws and treaties. V-USB |
99 |
is licensed, not sold. |
110 |
is licensed, not sold. |
100 |
|
111 |
|
101 |
|
112 |
|
102 |
6 TERM AND TERMINATION |
113 |
6 TERM AND TERMINATION |
103 |
|
114 |
|
Line 109... |
Line 120... |
109 |
and limitation of liability shall survive termination of this agreement. |
120 |
and limitation of liability shall survive termination of this agreement. |
110 |
|
121 |
|
111 |
|
122 |
|
112 |
7 DISCLAIMER OF WARRANTY AND LIABILITY |
123 |
7 DISCLAIMER OF WARRANTY AND LIABILITY |
113 |
|
124 |
|
114 |
LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY |
125 |
LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY |
115 |
KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE |
126 |
KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE |
116 |
DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER |
127 |
DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER |
117 |
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
128 |
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
118 |
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND |
129 |
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND |
119 |
NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE |
130 |
NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE |
120 |
TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL |
131 |
TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL |
121 |
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO |
132 |
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO |
122 |
STATE/JURISDICTION. |
133 |
STATE/JURISDICTION. |
123 |
|
134 |
|
124 |
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, |
135 |
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 |
136 |
IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY |
126 |
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER |
137 |
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER |
127 |
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, |
138 |
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, |
128 |
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY |
139 |
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 |
140 |
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE |
130 |
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE |
141 |
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE |
131 |
DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY |
142 |
DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY |
132 |
CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS |
143 |
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. |
144 |
AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB. |
134 |
|
145 |
|
135 |
|
146 |
|
136 |
8 MISCELLANEOUS TERMS |
147 |
8 MISCELLANEOUS TERMS |
137 |
|
148 |
|
138 |
8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing |
149 |
8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing |