CommercialLicense.txt 6.6 KB

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  1. V-USB Driver Software License Agreement
  2. Version 2009-04-14
  3. THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN
  4. ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING
  5. THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT.
  6. 1 DEFINITIONS
  7. 1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH,
  8. Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA.
  9. 1.2 "You" shall mean the Licensee.
  10. 1.3 "V-USB" shall mean all files included in the package distributed under
  11. the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/)
  12. unless otherwise noted. This includes the firmware-only USB device
  13. implementation for Atmel AVR microcontrollers, some simple device examples
  14. and host side software examples and libraries.
  15. 2 LICENSE GRANTS
  16. 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
  17. code of V-USB.
  18. 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
  19. non-exclusive right to use, copy and distribute V-USB with your hardware
  20. product(s), restricted by the limitations in section 3 below.
  21. 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
  22. the source code and your copy of V-USB according to your needs.
  23. 2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB Product
  24. ID(s), sent to you in e-mail. These Product IDs are reserved exclusively for
  25. you. They have been obtained from Wouter van Ooijen (www.voti.nl), who has
  26. reserved the Vendor ID 5824 (decimal) at the USB Implementers Forum, Inc.
  27. (www.usb.org). This mechanism ensures that there are no Product ID conflicts,
  28. but you cannot become USB certified (enter into the USB-IF Trademark License
  29. Agreement) as you would need your own Vendor ID for that.
  30. 3 LICENSE RESTRICTIONS
  31. 3.1 Number of Units. Only one of the following three definitions is
  32. applicable. Which one is determined by the amount you pay to OBJECTIVE
  33. DEVELOPMENT, see section 4 ("Payment") below.
  34. Hobby License: You may use V-USB according to section 2 above in no more
  35. than 5 hardware units. These units must not be sold for profit.
  36. Entry Level License: You may use V-USB according to section 2 above in no
  37. more than 150 hardware units.
  38. Professional License: You may use V-USB according to section 2 above in
  39. any number of hardware units, except for large scale production ("unlimited
  40. fair use"). Quantities below 10,000 units are not considered large scale
  41. production. If your reach quantities which are obviously large scale
  42. production, you must pay a license fee of 0.10 EUR per unit for all units
  43. above 10,000.
  44. 3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber
  45. any copy of V-USB, or any of the rights granted herein.
  46. 3.3 Transfer. You may not transfer your rights under this Agreement to
  47. another party without OBJECTIVE DEVELOPMENT's prior written consent. If
  48. such consent is obtained, you may permanently transfer this License to
  49. another party. The recipient of such transfer must agree to all terms and
  50. conditions of this Agreement.
  51. 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
  52. expressly granted.
  53. 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
  54. non-exclusive.
  55. 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
  56. by third parties. In particular, you are not allowed to use the USB logo or
  57. other trademarks owned by the USB Implementers Forum, Inc. without their
  58. consent. Since such consent depends on USB certification, it should be
  59. noted that V-USB will not pass certification because it does not
  60. implement checksum verification and the microcontroller ports do not meet
  61. the electrical specifications.
  62. 4 PAYMENT
  63. The payment amount depends on the variation of this agreement (according to
  64. section 3.1) into which you want to enter. Concrete prices are listed on
  65. OBJECTIVE DEVELOPMENT's web site, usually at
  66. http://www.obdev.at/vusb/license.html. You agree to pay the amount listed
  67. there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
  68. or reseller.
  69. 5 COPYRIGHT AND OWNERSHIP
  70. V-USB is protected by copyright laws and international copyright
  71. treaties, as well as other intellectual property laws and treaties. V-USB
  72. is licensed, not sold.
  73. 6 TERM AND TERMINATION
  74. 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
  75. DEVELOPMENT may terminate this Agreement and revoke the granted license and
  76. USB-IDs if you fail to comply with any of its terms and conditions.
  77. 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
  78. and limitation of liability shall survive termination of this agreement.
  79. 7 DISCLAIMER OF WARRANTY AND LIABILITY
  80. LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
  81. KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
  82. DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
  83. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
  84. OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
  85. NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE
  86. TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
  87. RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
  88. STATE/JURISDICTION.
  89. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
  90. IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
  91. SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
  92. (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
  93. BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
  94. LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE
  95. PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
  96. DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
  97. CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
  98. AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB.
  99. 8 MISCELLANEOUS TERMS
  100. 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
  101. purposes that you entered into this agreement.
  102. 8.2 Entire Agreement. This document represents the entire agreement between
  103. OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
  104. an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
  105. 8.3 Severability. In case a provision of these terms and conditions should
  106. be or become partly or entirely invalid, ineffective, or not executable,
  107. the validity of all other provisions shall not be affected.
  108. 8.4 Applicable Law. This agreement is governed by the laws of the Republic
  109. of Austria.
  110. 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
  111. exclusive jurisdiction regarding all disputes in connection with this
  112. agreement.