| 0,0 → 1,155 |
|---|
| AVR-USB Driver Software License Agreement |
| Version 2006-07-24 |
| |
| 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 "AVR-USB" shall mean the firmware-only USB device implementation for |
| Atmel AVR microcontrollers distributed by OBJECTIVE DEVELOPMENT and |
| consisting of the files usbdrv.c, usbdrv.h, usbdrvasm.S, oddebug.c, |
| oddebug.h, usbdrvasm.asm, iarcompat.h and usbconfig-prototype.h. |
| |
| |
| 2 LICENSE GRANTS |
| |
| 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source |
| code of AVR-USB. |
| |
| 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the |
| non-exclusive right to use and distribute AVR-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 |
| your copy of AVR-USB according to your needs. |
| |
| 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use |
| USB Product ID(s) sent to you in e-mail after receiving your payment in |
| conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an |
| exclusive license for this pair of USB identifiers from Wouter van Ooijen |
| (www.voti.nl), who has licensed the VID from the USB Implementers Forum, |
| Inc. (www.usb.org). |
| |
| |
| 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 AVR-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 AVR-USB according to section 2 above in no |
| more than 150 hardware units. |
| |
| Professional License: You may use AVR-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 AVR-USB or otherwise encumber |
| any copy of AVR-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 AVR-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/avrusb/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 |
| |
| AVR-USB is protected by copyright laws and international copyright |
| treaties, as well as other intellectual property laws and treaties. AVR-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. AVR-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 AVR-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 AVR-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 AVR-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. |
| |