[b0c194d] | 1 | V-USB Driver Software License Agreement
|
---|
| 2 | Version 2009-08-03
|
---|
| 3 |
|
---|
| 4 | THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN
|
---|
| 5 | ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING
|
---|
| 6 | THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT.
|
---|
| 7 |
|
---|
| 8 |
|
---|
| 9 | 1 DEFINITIONS
|
---|
| 10 |
|
---|
| 11 | 1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH,
|
---|
| 12 | Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA.
|
---|
| 13 |
|
---|
| 14 | 1.2 "You" shall mean the Licensee.
|
---|
| 15 |
|
---|
| 16 | 1.3 "V-USB" shall mean all files included in the package distributed under
|
---|
| 17 | the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/)
|
---|
| 18 | unless otherwise noted. This includes the firmware-only USB device
|
---|
| 19 | implementation for Atmel AVR microcontrollers, some simple device examples
|
---|
| 20 | and host side software examples and libraries.
|
---|
| 21 |
|
---|
| 22 |
|
---|
| 23 | 2 LICENSE GRANTS
|
---|
| 24 |
|
---|
| 25 | 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
|
---|
| 26 | code of V-USB.
|
---|
| 27 |
|
---|
| 28 | 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
|
---|
| 29 | non-exclusive right to use, copy and distribute V-USB with your hardware
|
---|
| 30 | product(s), restricted by the limitations in section 3 below.
|
---|
| 31 |
|
---|
| 32 | 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
|
---|
| 33 | the source code and your copy of V-USB according to your needs.
|
---|
| 34 |
|
---|
| 35 | 2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB
|
---|
| 36 | Product ID(s), sent to you in e-mail. These Product IDs are reserved
|
---|
| 37 | exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID
|
---|
| 38 | ranges under the Vendor ID 5824 from Wouter van Ooijen (Van Ooijen
|
---|
| 39 | Technische Informatica, www.voti.nl) and under the Vendor ID 8352 from
|
---|
| 40 | Jason Kotzin (Clay Logic, www.claylogic.com). Both owners of the Vendor IDs
|
---|
| 41 | have obtained these IDs from the USB Implementers Forum, Inc.
|
---|
| 42 | (www.usb.org). OBJECTIVE DEVELOPMENT disclaims all liability which might
|
---|
| 43 | arise from the assignment of USB IDs.
|
---|
| 44 |
|
---|
| 45 | 2.5 USB Certification. Although not part of this agreement, we want to make
|
---|
| 46 | it clear that you cannot become USB certified when you use V-USB or a USB
|
---|
| 47 | Product ID assigned by OBJECTIVE DEVELOPMENT. AVR microcontrollers don't
|
---|
| 48 | meet the electrical specifications required by the USB specification and
|
---|
| 49 | the USB Implementers Forum certifies only members who bought a Vendor ID of
|
---|
| 50 | their own.
|
---|
| 51 |
|
---|
| 52 |
|
---|
| 53 | 3 LICENSE RESTRICTIONS
|
---|
| 54 |
|
---|
| 55 | 3.1 Number of Units. Only one of the following three definitions is
|
---|
| 56 | applicable. Which one is determined by the amount you pay to OBJECTIVE
|
---|
| 57 | DEVELOPMENT, see section 4 ("Payment") below.
|
---|
| 58 |
|
---|
| 59 | Hobby License: You may use V-USB according to section 2 above in no more
|
---|
| 60 | than 5 hardware units. These units must not be sold for profit.
|
---|
| 61 |
|
---|
| 62 | Entry Level License: You may use V-USB according to section 2 above in no
|
---|
| 63 | more than 150 hardware units.
|
---|
| 64 |
|
---|
| 65 | Professional License: You may use V-USB according to section 2 above in
|
---|
| 66 | any number of hardware units, except for large scale production ("unlimited
|
---|
| 67 | fair use"). Quantities below 10,000 units are not considered large scale
|
---|
| 68 | production. If your reach quantities which are obviously large scale
|
---|
| 69 | production, you must pay a license fee of 0.10 EUR per unit for all units
|
---|
| 70 | above 10,000.
|
---|
| 71 |
|
---|
| 72 | 3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber
|
---|
| 73 | any copy of V-USB, or any of the rights granted herein.
|
---|
| 74 |
|
---|
| 75 | 3.3 Transfer. You may not transfer your rights under this Agreement to
|
---|
| 76 | another party without OBJECTIVE DEVELOPMENT's prior written consent. If
|
---|
| 77 | such consent is obtained, you may permanently transfer this License to
|
---|
| 78 | another party. The recipient of such transfer must agree to all terms and
|
---|
| 79 | conditions of this Agreement.
|
---|
| 80 |
|
---|
| 81 | 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
|
---|
| 82 | expressly granted.
|
---|
| 83 |
|
---|
| 84 | 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
|
---|
| 85 | non-exclusive.
|
---|
| 86 |
|
---|
| 87 | 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
|
---|
| 88 | by third parties. In particular, you are not allowed to use the USB logo or
|
---|
| 89 | other trademarks owned by the USB Implementers Forum, Inc. without their
|
---|
| 90 | consent. Since such consent depends on USB certification, it should be
|
---|
| 91 | noted that V-USB will not pass certification because it does not
|
---|
| 92 | implement checksum verification and the microcontroller ports do not meet
|
---|
| 93 | the electrical specifications.
|
---|
| 94 |
|
---|
| 95 |
|
---|
| 96 | 4 PAYMENT
|
---|
| 97 |
|
---|
| 98 | The payment amount depends on the variation of this agreement (according to
|
---|
| 99 | section 3.1) into which you want to enter. Concrete prices are listed on
|
---|
| 100 | OBJECTIVE DEVELOPMENT's web site, usually at
|
---|
| 101 | http://www.obdev.at/vusb/license.html. You agree to pay the amount listed
|
---|
| 102 | there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
|
---|
| 103 | or reseller.
|
---|
| 104 |
|
---|
| 105 |
|
---|
| 106 | 5 COPYRIGHT AND OWNERSHIP
|
---|
| 107 |
|
---|
| 108 | V-USB is protected by copyright laws and international copyright
|
---|
| 109 | treaties, as well as other intellectual property laws and treaties. V-USB
|
---|
| 110 | is licensed, not sold.
|
---|
| 111 |
|
---|
| 112 |
|
---|
| 113 | 6 TERM AND TERMINATION
|
---|
| 114 |
|
---|
| 115 | 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
|
---|
| 116 | DEVELOPMENT may terminate this Agreement and revoke the granted license and
|
---|
| 117 | USB-IDs if you fail to comply with any of its terms and conditions.
|
---|
| 118 |
|
---|
| 119 | 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
|
---|
| 120 | and limitation of liability shall survive termination of this agreement.
|
---|
| 121 |
|
---|
| 122 |
|
---|
| 123 | 7 DISCLAIMER OF WARRANTY AND LIABILITY
|
---|
| 124 |
|
---|
| 125 | LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
|
---|
| 126 | KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
|
---|
| 127 | DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
|
---|
| 128 | EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
|
---|
| 129 | OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
|
---|
| 130 | NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE
|
---|
| 131 | TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
|
---|
| 132 | RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
|
---|
| 133 | STATE/JURISDICTION.
|
---|
| 134 |
|
---|
| 135 | LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
|
---|
| 136 | IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
|
---|
| 137 | SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
|
---|
| 138 | (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
|
---|
| 139 | BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
|
---|
| 140 | LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE
|
---|
| 141 | PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
|
---|
| 142 | DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
|
---|
| 143 | CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
|
---|
| 144 | AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB.
|
---|
| 145 |
|
---|
| 146 |
|
---|
| 147 | 8 MISCELLANEOUS TERMS
|
---|
| 148 |
|
---|
| 149 | 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
|
---|
| 150 | purposes that you entered into this agreement.
|
---|
| 151 |
|
---|
| 152 | 8.2 Entire Agreement. This document represents the entire agreement between
|
---|
| 153 | OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
|
---|
| 154 | an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
|
---|
| 155 |
|
---|
| 156 | 8.3 Severability. In case a provision of these terms and conditions should
|
---|
| 157 | be or become partly or entirely invalid, ineffective, or not executable,
|
---|
| 158 | the validity of all other provisions shall not be affected.
|
---|
| 159 |
|
---|
| 160 | 8.4 Applicable Law. This agreement is governed by the laws of the Republic
|
---|
| 161 | of Austria.
|
---|
| 162 |
|
---|
| 163 | 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
|
---|
| 164 | exclusive jurisdiction regarding all disputes in connection with this
|
---|
| 165 | agreement.
|
---|
| 166 |
|
---|