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AVR-USB Driver Software License Agreement |
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V-USB Driver Software License Agreement |
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Version 2006-07-24 |
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Version 2012-07-09 |
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THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN |
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THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN |
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ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING |
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ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING |
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THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT. |
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THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT. |
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1 DEFINITIONS |
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1 DEFINITIONS |
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1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH, |
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1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH, |
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Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA. |
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Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA. |
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1.2 "You" shall mean the Licensee. |
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1.2 "You" shall mean the Licensee. |
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1.3 "AVR-USB" shall mean the firmware-only USB device implementation for |
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1.3 "V-USB" shall mean all files included in the package distributed under |
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Atmel AVR microcontrollers distributed by OBJECTIVE DEVELOPMENT and |
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the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/) |
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consisting of the files usbdrv.c, usbdrv.h, usbdrvasm.S, oddebug.c, |
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unless otherwise noted. This includes the firmware-only USB device |
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implementation for Atmel AVR microcontrollers, some simple device examples |
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oddebug.h, usbdrvasm.asm, iarcompat.h and usbconfig-prototype.h. |
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and host side software examples and libraries. |
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2 LICENSE GRANTS |
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2 LICENSE GRANTS |
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2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source |
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2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source |
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code of AVR-USB. |
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code of V-USB. |
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2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the |
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2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the |
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non-exclusive right to use and distribute AVR-USB with your hardware |
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non-exclusive right to use, copy and distribute V-USB with your hardware |
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product(s), restricted by the limitations in section 3 below. |
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product(s), restricted by the limitations in section 3 below. |
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2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify |
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2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify |
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your copy of AVR-USB according to your needs. |
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the source code and your copy of V-USB according to your needs. |
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2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use |
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2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB |
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USB Product ID(s) sent to you in e-mail after receiving your payment in |
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Product ID(s), sent to you in e-mail. These Product IDs are reserved |
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conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an |
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exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID |
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exclusive license for this pair of USB identifiers from Wouter van Ooijen |
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ranges under the Vendor ID 5824 from Wouter van Ooijen (Van Ooijen |
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Technische Informatica, www.voti.nl) and under the Vendor ID 8352 from |
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Jason Kotzin (now flirc.tv, Inc.). Both owners of the Vendor IDs have |
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(www.voti.nl), who has licensed the VID from the USB Implementers Forum, |
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obtained these IDs from the USB Implementers Forum, Inc. (www.usb.org). |
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OBJECTIVE DEVELOPMENT disclaims all liability which might arise from the |
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Inc. (www.usb.org). |
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assignment of USB IDs. |
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2.5 USB Certification. Although not part of this agreement, we want to make |
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it clear that you cannot become USB certified when you use V-USB or a USB |
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Product ID assigned by OBJECTIVE DEVELOPMENT. AVR microcontrollers don't |
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meet the electrical specifications required by the USB specification and |
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the USB Implementers Forum certifies only members who bought a Vendor ID of |
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their own. |
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3 LICENSE RESTRICTIONS |
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3 LICENSE RESTRICTIONS |
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3.1 Number of Units. Only one of the following three definitions is |
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3.1 Number of Units. Only one of the following three definitions is |
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applicable. Which one is determined by the amount you pay to OBJECTIVE |
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applicable. Which one is determined by the amount you pay to OBJECTIVE |
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DEVELOPMENT, see section 4 ("Payment") below. |
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DEVELOPMENT, see section 4 ("Payment") below. |
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Hobby License: You may use AVR-USB according to section 2 above in no more |
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Hobby License: You may use V-USB according to section 2 above in no more |
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than 5 hardware units. These units must not be sold for profit. |
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than 5 hardware units. These units must not be sold for profit. |
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Entry Level License: You may use AVR-USB according to section 2 above in no |
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Entry Level License: You may use V-USB according to section 2 above in no |
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more than 150 hardware units. |
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more than 150 hardware units. |
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Professional License: You may use AVR-USB according to section 2 above in |
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Professional License: You may use V-USB according to section 2 above in |
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any number of hardware units, except for large scale production ("unlimited |
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any number of hardware units, except for large scale production ("unlimited |
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fair use"). Quantities below 10,000 units are not considered large scale |
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fair use"). Quantities below 10,000 units are not considered large scale |
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production. If your reach quantities which are obviously large scale |
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production. If your reach quantities which are obviously large scale |
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production, you must pay a license fee of 0.10 EUR per unit for all units |
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production, you must pay a license fee of 0.10 EUR per unit for all units |
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above 10,000. |
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above 10,000. |
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3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber |
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3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber |
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any copy of AVR-USB, or any of the rights granted herein. |
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any copy of V-USB, or any of the rights granted herein. |
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3.3 Transfer. You may not transfer your rights under this Agreement to |
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3.3 Transfer. You may not transfer your rights under this Agreement to |
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another party without OBJECTIVE DEVELOPMENT's prior written consent. If |
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another party without OBJECTIVE DEVELOPMENT's prior written consent. If |
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such consent is obtained, you may permanently transfer this License to |
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such consent is obtained, you may permanently transfer this License to |
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another party. The recipient of such transfer must agree to all terms and |
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another party. The recipient of such transfer must agree to all terms and |
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conditions of this Agreement. |
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conditions of this Agreement. |
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3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not |
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3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not |
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expressly granted. |
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expressly granted. |
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3.5 Non-Exclusive Rights. Your license rights under this Agreement are |
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3.5 Non-Exclusive Rights. Your license rights under this Agreement are |
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non-exclusive. |
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non-exclusive. |
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3.6 Third Party Rights. This Agreement cannot grant you rights controlled |
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3.6 Third Party Rights. This Agreement cannot grant you rights controlled |
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by third parties. In particular, you are not allowed to use the USB logo or |
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by third parties. In particular, you are not allowed to use the USB logo or |
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other trademarks owned by the USB Implementers Forum, Inc. without their |
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other trademarks owned by the USB Implementers Forum, Inc. without their |
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consent. Since such consent depends on USB certification, it should be |
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consent. Since such consent depends on USB certification, it should be |
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noted that AVR-USB will not pass certification because it does not |
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noted that V-USB will not pass certification because it does not |
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implement checksum verification and the microcontroller ports do not meet |
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implement checksum verification and the microcontroller ports do not meet |
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the electrical specifications. |
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the electrical specifications. |
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4 PAYMENT |
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4 PAYMENT |
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The payment amount depends on the variation of this agreement (according to |
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The payment amount depends on the variation of this agreement (according to |
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section 3.1) into which you want to enter. Concrete prices are listed on |
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section 3.1) into which you want to enter. Concrete prices are listed on |
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OBJECTIVE DEVELOPMENT's web site, usually at |
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OBJECTIVE DEVELOPMENT's web site, usually at |
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http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed |
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http://www.obdev.at/vusb/license.html. You agree to pay the amount listed |
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there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor |
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there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor |
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or reseller. |
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or reseller. |
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5 COPYRIGHT AND OWNERSHIP |
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5 COPYRIGHT AND OWNERSHIP |
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AVR-USB is protected by copyright laws and international copyright |
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V-USB is protected by copyright laws and international copyright |
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treaties, as well as other intellectual property laws and treaties. AVR-USB |
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treaties, as well as other intellectual property laws and treaties. V-USB |
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is licensed, not sold. |
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is licensed, not sold. |
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6 TERM AND TERMINATION |
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6 TERM AND TERMINATION |
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6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE |
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6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE |
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DEVELOPMENT may terminate this Agreement and revoke the granted license and |
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DEVELOPMENT may terminate this Agreement and revoke the granted license and |
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USB-IDs if you fail to comply with any of its terms and conditions. |
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USB-IDs if you fail to comply with any of its terms and conditions. |
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6.2 Survival of Terms. All provisions regarding secrecy, confidentiality |
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6.2 Survival of Terms. All provisions regarding secrecy, confidentiality |
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and limitation of liability shall survive termination of this agreement. |
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and limitation of liability shall survive termination of this agreement. |
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7 DISCLAIMER OF WARRANTY AND LIABILITY |
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7 DISCLAIMER OF WARRANTY AND LIABILITY |
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LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY |
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LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY |
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KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE |
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KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE |
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DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER |
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DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER |
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EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
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EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND |
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND |
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NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE |
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NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE |
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TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL |
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TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL |
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RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO |
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RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO |
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STATE/JURISDICTION. |
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STATE/JURISDICTION. |
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LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, |
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LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, |
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IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY |
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IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY |
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SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER |
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SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER |
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, |
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, |
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BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY |
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BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY |
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LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THE |
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LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE |
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PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE |
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PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE |
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DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY |
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DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY |
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CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS |
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CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS |
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AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB. |
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AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB. |
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8 MISCELLANEOUS TERMS |
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8 MISCELLANEOUS TERMS |
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8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing |
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8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing |
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purposes that you entered into this agreement. |
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purposes that you entered into this agreement. |
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8.2 Entire Agreement. This document represents the entire agreement between |
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8.2 Entire Agreement. This document represents the entire agreement between |
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OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by |
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OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by |
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an authorized representative of both, OBJECTIVE DEVELOPMENT and you. |
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an authorized representative of both, OBJECTIVE DEVELOPMENT and you. |
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8.3 Severability. In case a provision of these terms and conditions should |
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8.3 Severability. In case a provision of these terms and conditions should |
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be or become partly or entirely invalid, ineffective, or not executable, |
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be or become partly or entirely invalid, ineffective, or not executable, |
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the validity of all other provisions shall not be affected. |
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the validity of all other provisions shall not be affected. |
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8.4 Applicable Law. This agreement is governed by the laws of the Republic |
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8.4 Applicable Law. This agreement is governed by the laws of the Republic |
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of Austria. |
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of Austria. |
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8.5 Responsible Courts. The responsible courts in Vienna/Austria will have |
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8.5 Responsible Courts. The responsible courts in Vienna/Austria will have |
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exclusive jurisdiction regarding all disputes in connection with this |
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exclusive jurisdiction regarding all disputes in connection with this |
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agreement. |
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agreement. |
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