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					167 lines
				
				7.1 KiB
			
		
		
			
		
	
	
					167 lines
				
				7.1 KiB
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											15 years ago
										 
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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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