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V-USB Driver Software License Agreement
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Version 2009-08-03
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THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN
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ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING
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THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT.
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1 DEFINITIONS
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1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH,
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Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA.
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1.2 "You" shall mean the Licensee.
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1.3 "V-USB" shall mean all files included in the package distributed under
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the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/)
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unless otherwise noted. This includes the firmware-only USB device
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implementation for Atmel AVR microcontrollers, some simple device examples
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and host side software examples and libraries.
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2 LICENSE GRANTS
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2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
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code of V-USB.
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2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
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non-exclusive right to use, copy and distribute V-USB with your hardware
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product(s), restricted by the limitations in section 3 below.
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2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
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the source code and your copy of V-USB according to your needs.
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2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB
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Product ID(s), sent to you in e-mail. These Product IDs are reserved
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exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID
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ranges under the Vendor ID 5824 from Wouter van Ooijen (Van Ooijen
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Technische Informatica, www.voti.nl) and under the Vendor ID 8352 from
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Jason Kotzin (Clay Logic, www.claylogic.com). Both owners of the Vendor IDs
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have obtained these IDs from the USB Implementers Forum, Inc.
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(www.usb.org). OBJECTIVE DEVELOPMENT disclaims all liability which might
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arise from the assignment of USB IDs.
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2.5 USB Certification. Although not part of this agreement, we want to make
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it clear that you cannot become USB certified when you use V-USB or a USB
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Product ID assigned by OBJECTIVE DEVELOPMENT. AVR microcontrollers don't
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meet the electrical specifications required by the USB specification and
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the USB Implementers Forum certifies only members who bought a Vendor ID of
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their own.
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3 LICENSE RESTRICTIONS
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3.1 Number of Units. Only one of the following three definitions is
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applicable. Which one is determined by the amount you pay to OBJECTIVE
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DEVELOPMENT, see section 4 ("Payment") below.
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Hobby License: You may use V-USB according to section 2 above in no more
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than 5 hardware units. These units must not be sold for profit.
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Entry Level License: You may use V-USB according to section 2 above in no
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more than 150 hardware units.
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Professional License: You may use V-USB according to section 2 above in
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any number of hardware units, except for large scale production ("unlimited
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fair use"). Quantities below 10,000 units are not considered large scale
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production. If your reach quantities which are obviously large scale
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production, you must pay a license fee of 0.10 EUR per unit for all units
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above 10,000.
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3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber
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any copy of V-USB, or any of the rights granted herein.
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3.3 Transfer. You may not transfer your rights under this Agreement to
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another party without OBJECTIVE DEVELOPMENT's prior written consent. If
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such consent is obtained, you may permanently transfer this License to
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another party. The recipient of such transfer must agree to all terms and
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conditions of this Agreement.
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3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
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expressly granted.
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3.5 Non-Exclusive Rights. Your license rights under this Agreement are
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non-exclusive.
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3.6 Third Party Rights. This Agreement cannot grant you rights controlled
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by third parties. In particular, you are not allowed to use the USB logo or
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other trademarks owned by the USB Implementers Forum, Inc. without their
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consent. Since such consent depends on USB certification, it should be
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noted that V-USB will not pass certification because it does not
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implement checksum verification and the microcontroller ports do not meet
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the electrical specifications.
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4 PAYMENT
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The payment amount depends on the variation of this agreement (according to
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section 3.1) into which you want to enter. Concrete prices are listed on
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OBJECTIVE DEVELOPMENT's web site, usually at
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http://www.obdev.at/vusb/license.html. You agree to pay the amount listed
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there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
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or reseller.
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5 COPYRIGHT AND OWNERSHIP
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V-USB is protected by copyright laws and international copyright
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treaties, as well as other intellectual property laws and treaties. V-USB
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is licensed, not sold.
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6 TERM AND TERMINATION
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6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
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DEVELOPMENT may terminate this Agreement and revoke the granted license and
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USB-IDs if you fail to comply with any of its terms and conditions.
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6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
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and limitation of liability shall survive termination of this agreement.
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7 DISCLAIMER OF WARRANTY AND LIABILITY
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LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
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KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
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DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
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EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
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NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE
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TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
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RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
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STATE/JURISDICTION.
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LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
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IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
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SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
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BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
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LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE
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PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
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DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
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CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
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AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB.
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8 MISCELLANEOUS TERMS
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8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
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purposes that you entered into this agreement.
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8.2 Entire Agreement. This document represents the entire agreement between
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OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
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an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
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8.3 Severability. In case a provision of these terms and conditions should
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be or become partly or entirely invalid, ineffective, or not executable,
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the validity of all other provisions shall not be affected.
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8.4 Applicable Law. This agreement is governed by the laws of the Republic
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of Austria.
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8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
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exclusive jurisdiction regarding all disputes in connection with this
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agreement.
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