1 | AVR-USB Driver Software License Agreement
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2 | Version 2008-10-07
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3 |
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4 | THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN
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5 | ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING
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6 | THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT.
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7 |
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8 |
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9 | 1 DEFINITIONS
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10 |
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11 | 1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH,
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12 | Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA.
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13 |
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14 | 1.2 "You" shall mean the Licensee.
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15 |
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16 | 1.3 "AVR-USB" shall mean all files included in the package distributed under
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17 | the name "avrusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/avrusb/)
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18 | unless otherwise noted. This includes the firmware-only USB device
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19 | implementation for Atmel AVR microcontrollers, some simple device examples
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20 | and host side software examples and libraries.
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21 |
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22 |
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23 | 2 LICENSE GRANTS
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24 |
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25 | 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
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26 | code of AVR-USB.
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27 |
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28 | 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
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29 | non-exclusive right to use, copy and distribute AVR-USB with your hardware
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30 | product(s), restricted by the limitations in section 3 below.
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31 |
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32 | 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
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33 | the source code and your copy of AVR-USB according to your needs.
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34 |
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35 | 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use
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36 | USB Product ID(s) sent to you in e-mail after receiving your payment in
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37 | conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an
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38 | exclusive license for this pair of USB identifiers from Wouter van Ooijen
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39 | (www.voti.nl), who has licensed the VID from the USB Implementers Forum,
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40 | Inc. (www.usb.org).
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41 |
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42 |
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43 | 3 LICENSE RESTRICTIONS
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44 |
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45 | 3.1 Number of Units. Only one of the following three definitions is
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46 | applicable. Which one is determined by the amount you pay to OBJECTIVE
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47 | DEVELOPMENT, see section 4 ("Payment") below.
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48 |
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49 | Hobby License: You may use AVR-USB according to section 2 above in no more
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50 | than 5 hardware units. These units must not be sold for profit.
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51 |
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52 | Entry Level License: You may use AVR-USB according to section 2 above in no
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53 | more than 150 hardware units.
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54 |
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55 | Professional License: You may use AVR-USB according to section 2 above in
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56 | any number of hardware units, except for large scale production ("unlimited
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57 | fair use"). Quantities below 10,000 units are not considered large scale
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58 | production. If your reach quantities which are obviously large scale
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59 | production, you must pay a license fee of 0.10 EUR per unit for all units
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60 | above 10,000.
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61 |
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62 | 3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber
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63 | any copy of AVR-USB, or any of the rights granted herein.
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64 |
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65 | 3.3 Transfer. You may not transfer your rights under this Agreement to
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66 | another party without OBJECTIVE DEVELOPMENT's prior written consent. If
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67 | such consent is obtained, you may permanently transfer this License to
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68 | another party. The recipient of such transfer must agree to all terms and
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69 | conditions of this Agreement.
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70 |
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71 | 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
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72 | expressly granted.
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73 |
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74 | 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
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75 | non-exclusive.
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76 |
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77 | 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
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78 | by third parties. In particular, you are not allowed to use the USB logo or
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79 | other trademarks owned by the USB Implementers Forum, Inc. without their
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80 | consent. Since such consent depends on USB certification, it should be
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81 | noted that AVR-USB will not pass certification because it does not
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82 | implement checksum verification and the microcontroller ports do not meet
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83 | the electrical specifications.
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84 |
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85 |
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86 | 4 PAYMENT
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87 |
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88 | The payment amount depends on the variation of this agreement (according to
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89 | section 3.1) into which you want to enter. Concrete prices are listed on
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90 | OBJECTIVE DEVELOPMENT's web site, usually at
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91 | http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed
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92 | there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
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93 | or reseller.
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94 |
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95 |
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96 | 5 COPYRIGHT AND OWNERSHIP
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97 |
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98 | AVR-USB is protected by copyright laws and international copyright
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99 | treaties, as well as other intellectual property laws and treaties. AVR-USB
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100 | is licensed, not sold.
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101 |
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102 |
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103 | 6 TERM AND TERMINATION
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104 |
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105 | 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
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106 | DEVELOPMENT may terminate this Agreement and revoke the granted license and
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107 | USB-IDs if you fail to comply with any of its terms and conditions.
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108 |
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109 | 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
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110 | and limitation of liability shall survive termination of this agreement.
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111 |
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112 |
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113 | 7 DISCLAIMER OF WARRANTY AND LIABILITY
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114 |
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115 | LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
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116 | KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
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117 | DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
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118 | EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
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119 | OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
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120 | NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE
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121 | TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
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122 | RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
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123 | STATE/JURISDICTION.
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124 |
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125 | LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
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126 | IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
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127 | SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
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128 | (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
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129 | BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
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130 | LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THE
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131 | PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
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132 | DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
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133 | CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
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134 | AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB.
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135 |
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136 |
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137 | 8 MISCELLANEOUS TERMS
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138 |
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139 | 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
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140 | purposes that you entered into this agreement.
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141 |
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142 | 8.2 Entire Agreement. This document represents the entire agreement between
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143 | OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
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144 | an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
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145 |
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146 | 8.3 Severability. In case a provision of these terms and conditions should
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147 | be or become partly or entirely invalid, ineffective, or not executable,
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148 | the validity of all other provisions shall not be affected.
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149 |
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150 | 8.4 Applicable Law. This agreement is governed by the laws of the Republic
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151 | of Austria.
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152 |
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153 | 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
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154 | exclusive jurisdiction regarding all disputes in connection with this
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155 | agreement.
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156 |
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