firmware/usbdrv/CommercialLicense.txt

   1 AVR-USB Driver Software License Agreement
   2 Version 2006-07-24
   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 "AVR-USB" shall mean the firmware-only USB device implementation for
  17 Atmel AVR microcontrollers distributed by OBJECTIVE DEVELOPMENT and
  18 consisting of the files usbdrv.c, usbdrv.h, usbdrvasm.S, oddebug.c,
  19 oddebug.h, usbdrvasm.asm, iarcompat.h and usbconfig-prototype.h.
  20
  21
  22 2 LICENSE GRANTS
  23
  24 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
  25 code of AVR-USB.
  26
  27 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
  28 non-exclusive right to use and distribute AVR-USB with your hardware
  29 product(s), restricted by the limitations in section 3 below.
  30
  31 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
  32 your copy of AVR-USB according to your needs.
  33
  34 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use
  35 USB Product ID(s) sent to you in e-mail after receiving your payment in
  36 conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an
  37 exclusive license for this pair of USB identifiers from Wouter van Ooijen
  38 (www.voti.nl), who has licensed the VID from the USB Implementers Forum,
  39 Inc. (www.usb.org).
  40
  41
  42 3 LICENSE RESTRICTIONS
  43
  44 3.1 Number of Units. Only one of the following three definitions is
  45 applicable. Which one is determined by the amount you pay to OBJECTIVE
  46 DEVELOPMENT, see section 4 ("Payment") below.
  47
  48 Hobby License: You may use AVR-USB according to section 2 above in no more
  49 than 5 hardware units. These units must not be sold for profit.
  50
  51 Entry Level License: You may use AVR-USB according to section 2 above in no
  52 more than 150 hardware units.
  53
  54 Professional License: You may use AVR-USB according to section 2 above in
  55 any number of hardware units, except for large scale production ("unlimited
  56 fair use"). Quantities below 10,000 units are not considered large scale
  57 production. If your reach quantities which are obviously large scale
  58 production, you must pay a license fee of 0.10 EUR per unit for all units
  59 above 10,000.
  60
  61 3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumber
  62 any copy of AVR-USB, or any of the rights granted herein.
  63
  64 3.3 Transfer. You may not transfer your rights under this Agreement to
  65 another party without OBJECTIVE DEVELOPMENT's prior written consent. If
  66 such consent is obtained, you may permanently transfer this License to
  67 another party. The recipient of such transfer must agree to all terms and
  68 conditions of this Agreement.
  69
  70 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
  71 expressly granted.
  72
  73 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
  74 non-exclusive.
  75
  76 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
  77 by third parties. In particular, you are not allowed to use the USB logo or
  78 other trademarks owned by the USB Implementers Forum, Inc. without their
  79 consent. Since such consent depends on USB certification, it should be
  80 noted that AVR-USB will not pass certification because it does not
  81 implement checksum verification and the microcontroller ports do not meet
  82 the electrical specifications.
  83
  84
  85 4 PAYMENT
  86
  87 The payment amount depends on the variation of this agreement (according to
  88 section 3.1) into which you want to enter. Concrete prices are listed on
  89 OBJECTIVE DEVELOPMENT's web site, usually at
  90 http://www.obdev.at/avrusb/license.html. You agree to pay the amount listed
  91 there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
  92 or reseller.
  93
  94
  95 5 COPYRIGHT AND OWNERSHIP
  96
  97 AVR-USB is protected by copyright laws and international copyright
  98 treaties, as well as other intellectual property laws and treaties. AVR-USB
  99 is licensed, not sold.
 100
 101
 102 6 TERM AND TERMINATION
 103
 104 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
 105 DEVELOPMENT may terminate this Agreement and revoke the granted license and
 106 USB-IDs if you fail to comply with any of its terms and conditions.
 107
 108 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
 109 and limitation of liability shall survive termination of this agreement.
 110
 111
 112 7 DISCLAIMER OF WARRANTY AND LIABILITY
 113
 114 LIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
 115 KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
 116 DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
 117 EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
 118 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
 119 NON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURE
 120 TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
 121 RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
 122 STATE/JURISDICTION.
 123
 124 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
 125 IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
 126 SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
 127 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
 128 BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
 129 LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THE
 130 PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
 131 DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
 132 CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
 133 AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB.
 134
 135
 136 8 MISCELLANEOUS TERMS
 137
 138 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
 139 purposes that you entered into this agreement.
 140
 141 8.2 Entire Agreement. This document represents the entire agreement between
 142 OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
 143 an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
 144
 145 8.3 Severability. In case a provision of these terms and conditions should
 146 be or become partly or entirely invalid, ineffective, or not executable,
 147 the validity of all other provisions shall not be affected.
 148
 149 8.4 Applicable Law. This agreement is governed by the laws of the Republic
 150 of Austria.
 151
 152 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
 153 exclusive jurisdiction regarding all disputes in connection with this
 154 agreement.