CommercialLicense.txt 6.5 KB

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  1. AVR-USB Driver Software License Agreement
  2. Version 2008-10-07
  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 "AVR-USB" shall mean all files included in the package distributed under
  11. the name "avrusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/avrusb/)
  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 AVR-USB.
  18. 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
  19. non-exclusive right to use, copy and distribute AVR-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 AVR-USB according to your needs.
  23. 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use
  24. USB Product ID(s) sent to you in e-mail after receiving your payment in
  25. conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an
  26. exclusive license for this pair of USB identifiers from Wouter van Ooijen
  27. (www.voti.nl), who has licensed the VID from the USB Implementers Forum,
  28. Inc. (www.usb.org).
  29. 3 LICENSE RESTRICTIONS
  30. 3.1 Number of Units. Only one of the following three definitions is
  31. applicable. Which one is determined by the amount you pay to OBJECTIVE
  32. DEVELOPMENT, see section 4 ("Payment") below.
  33. Hobby License: You may use AVR-USB according to section 2 above in no more
  34. than 5 hardware units. These units must not be sold for profit.
  35. Entry Level License: You may use AVR-USB according to section 2 above in no
  36. more than 150 hardware units.
  37. Professional License: You may use AVR-USB according to section 2 above in
  38. any number of hardware units, except for large scale production ("unlimited
  39. fair use"). Quantities below 10,000 units are not considered large scale
  40. production. If your reach quantities which are obviously large scale
  41. production, you must pay a license fee of 0.10 EUR per unit for all units
  42. above 10,000.
  43. 3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber
  44. any copy of AVR-USB, or any of the rights granted herein.
  45. 3.3 Transfer. You may not transfer your rights under this Agreement to
  46. another party without OBJECTIVE DEVELOPMENT's prior written consent. If
  47. such consent is obtained, you may permanently transfer this License to
  48. another party. The recipient of such transfer must agree to all terms and
  49. conditions of this Agreement.
  50. 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
  51. expressly granted.
  52. 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
  53. non-exclusive.
  54. 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
  55. by third parties. In particular, you are not allowed to use the USB logo or
  56. other trademarks owned by the USB Implementers Forum, Inc. without their
  57. consent. Since such consent depends on USB certification, it should be
  58. noted that AVR-USB will not pass certification because it does not
  59. implement checksum verification and the microcontroller ports do not meet
  60. the electrical specifications.
  61. 4 PAYMENT
  62. The payment amount depends on the variation of this agreement (according to
  63. section 3.1) into which you want to enter. Concrete prices are listed on
  64. OBJECTIVE DEVELOPMENT's web site, usually at
  65. http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed
  66. there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
  67. or reseller.
  68. 5 COPYRIGHT AND OWNERSHIP
  69. AVR-USB is protected by copyright laws and international copyright
  70. treaties, as well as other intellectual property laws and treaties. AVR-USB
  71. is licensed, not sold.
  72. 6 TERM AND TERMINATION
  73. 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
  74. DEVELOPMENT may terminate this Agreement and revoke the granted license and
  75. USB-IDs if you fail to comply with any of its terms and conditions.
  76. 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
  77. and limitation of liability shall survive termination of this agreement.
  78. 7 DISCLAIMER OF WARRANTY AND LIABILITY
  79. LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
  80. KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
  81. DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
  82. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
  83. OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
  84. NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE
  85. TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
  86. RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
  87. STATE/JURISDICTION.
  88. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
  89. IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
  90. SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
  91. (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
  92. BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
  93. LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THE
  94. PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
  95. DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
  96. CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
  97. AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB.
  98. 8 MISCELLANEOUS TERMS
  99. 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
  100. purposes that you entered into this agreement.
  101. 8.2 Entire Agreement. This document represents the entire agreement between
  102. OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
  103. an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
  104. 8.3 Severability. In case a provision of these terms and conditions should
  105. be or become partly or entirely invalid, ineffective, or not executable,
  106. the validity of all other provisions shall not be affected.
  107. 8.4 Applicable Law. This agreement is governed by the laws of the Republic
  108. of Austria.
  109. 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
  110. exclusive jurisdiction regarding all disputes in connection with this
  111. agreement.