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CommercialLicense.txt 6.5KB

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  1. AVR-USB Driver Software License Agreement
  2. Version 2006-07-24
  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 the firmware-only USB device implementation for
  11. Atmel AVR microcontrollers distributed by OBJECTIVE DEVELOPMENT and
  12. consisting of the files usbdrv.c, usbdrv.h, usbdrvasm.S, oddebug.c,
  13. oddebug.h, usbdrvasm.asm, iarcompat.h and usbconfig-prototype.h.
  14. 2 LICENSE GRANTS
  15. 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
  16. code of AVR-USB.
  17. 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
  18. non-exclusive right to use and distribute AVR-USB with your hardware
  19. product(s), restricted by the limitations in section 3 below.
  20. 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
  21. your copy of AVR-USB according to your needs.
  22. 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use
  23. USB Product ID(s) sent to you in e-mail after receiving your payment in
  24. conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an
  25. exclusive license for this pair of USB identifiers from Wouter van Ooijen
  26. (www.voti.nl), who has licensed the VID from the USB Implementers Forum,
  27. Inc. (www.usb.org).
  28. 3 LICENSE RESTRICTIONS
  29. 3.1 Number of Units. Only one of the following three definitions is
  30. applicable. Which one is determined by the amount you pay to OBJECTIVE
  31. DEVELOPMENT, see section 4 ("Payment") below.
  32. Hobby License: You may use AVR-USB according to section 2 above in no more
  33. than 5 hardware units. These units must not be sold for profit.
  34. Entry Level License: You may use AVR-USB according to section 2 above in no
  35. more than 150 hardware units.
  36. Professional License: You may use AVR-USB according to section 2 above in
  37. any number of hardware units, except for large scale production ("unlimited
  38. fair use"). Quantities below 10,000 units are not considered large scale
  39. production. If your reach quantities which are obviously large scale
  40. production, you must pay a license fee of 0.10 EUR per unit for all units
  41. above 10,000.
  42. 3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber
  43. any copy of AVR-USB, or any of the rights granted herein.
  44. 3.3 Transfer. You may not transfer your rights under this Agreement to
  45. another party without OBJECTIVE DEVELOPMENT's prior written consent. If
  46. such consent is obtained, you may permanently transfer this License to
  47. another party. The recipient of such transfer must agree to all terms and
  48. conditions of this Agreement.
  49. 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
  50. expressly granted.
  51. 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
  52. non-exclusive.
  53. 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
  54. by third parties. In particular, you are not allowed to use the USB logo or
  55. other trademarks owned by the USB Implementers Forum, Inc. without their
  56. consent. Since such consent depends on USB certification, it should be
  57. noted that AVR-USB will not pass certification because it does not
  58. implement checksum verification and the microcontroller ports do not meet
  59. the electrical specifications.
  60. 4 PAYMENT
  61. The payment amount depends on the variation of this agreement (according to
  62. section 3.1) into which you want to enter. Concrete prices are listed on
  63. OBJECTIVE DEVELOPMENT's web site, usually at
  64. http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed
  65. there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
  66. or reseller.
  67. 5 COPYRIGHT AND OWNERSHIP
  68. AVR-USB is protected by copyright laws and international copyright
  69. treaties, as well as other intellectual property laws and treaties. AVR-USB
  70. is licensed, not sold.
  71. 6 TERM AND TERMINATION
  72. 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
  73. DEVELOPMENT may terminate this Agreement and revoke the granted license and
  74. USB-IDs if you fail to comply with any of its terms and conditions.
  75. 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
  76. and limitation of liability shall survive termination of this agreement.
  77. 7 DISCLAIMER OF WARRANTY AND LIABILITY
  78. LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
  79. KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
  80. DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
  81. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
  82. OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
  83. NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE
  84. TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
  85. RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
  86. STATE/JURISDICTION.
  87. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
  88. IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
  89. SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
  90. (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
  91. BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
  92. LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THE
  93. PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
  94. DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
  95. CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
  96. AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB.
  97. 8 MISCELLANEOUS TERMS
  98. 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
  99. purposes that you entered into this agreement.
  100. 8.2 Entire Agreement. This document represents the entire agreement between
  101. OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
  102. an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
  103. 8.3 Severability. In case a provision of these terms and conditions should
  104. be or become partly or entirely invalid, ineffective, or not executable,
  105. the validity of all other provisions shall not be affected.
  106. 8.4 Applicable Law. This agreement is governed by the laws of the Republic
  107. of Austria.
  108. 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
  109. exclusive jurisdiction regarding all disputes in connection with this
  110. agreement.