You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
167 lines
7.1 KiB
167 lines
7.1 KiB
V-USB Driver Software License Agreement
|
|
Version 2009-08-03
|
|
|
|
THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN
|
|
ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING
|
|
THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT.
|
|
|
|
|
|
1 DEFINITIONS
|
|
|
|
1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH,
|
|
Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA.
|
|
|
|
1.2 "You" shall mean the Licensee.
|
|
|
|
1.3 "V-USB" shall mean all files included in the package distributed under
|
|
the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/)
|
|
unless otherwise noted. This includes the firmware-only USB device
|
|
implementation for Atmel AVR microcontrollers, some simple device examples
|
|
and host side software examples and libraries.
|
|
|
|
|
|
2 LICENSE GRANTS
|
|
|
|
2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
|
|
code of V-USB.
|
|
|
|
2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
|
|
non-exclusive right to use, copy and distribute V-USB with your hardware
|
|
product(s), restricted by the limitations in section 3 below.
|
|
|
|
2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
|
|
the source code and your copy of V-USB according to your needs.
|
|
|
|
2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB
|
|
Product ID(s), sent to you in e-mail. These Product IDs are reserved
|
|
exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID
|
|
ranges under the Vendor ID 5824 from Wouter van Ooijen (Van Ooijen
|
|
Technische Informatica, www.voti.nl) and under the Vendor ID 8352 from
|
|
Jason Kotzin (Clay Logic, www.claylogic.com). Both owners of the Vendor IDs
|
|
have obtained these IDs from the USB Implementers Forum, Inc.
|
|
(www.usb.org). OBJECTIVE DEVELOPMENT disclaims all liability which might
|
|
arise from the assignment of USB IDs.
|
|
|
|
2.5 USB Certification. Although not part of this agreement, we want to make
|
|
it clear that you cannot become USB certified when you use V-USB or a USB
|
|
Product ID assigned by OBJECTIVE DEVELOPMENT. AVR microcontrollers don't
|
|
meet the electrical specifications required by the USB specification and
|
|
the USB Implementers Forum certifies only members who bought a Vendor ID of
|
|
their own.
|
|
|
|
|
|
3 LICENSE RESTRICTIONS
|
|
|
|
3.1 Number of Units. Only one of the following three definitions is
|
|
applicable. Which one is determined by the amount you pay to OBJECTIVE
|
|
DEVELOPMENT, see section 4 ("Payment") below.
|
|
|
|
Hobby License: You may use V-USB according to section 2 above in no more
|
|
than 5 hardware units. These units must not be sold for profit.
|
|
|
|
Entry Level License: You may use V-USB according to section 2 above in no
|
|
more than 150 hardware units.
|
|
|
|
Professional License: You may use V-USB according to section 2 above in
|
|
any number of hardware units, except for large scale production ("unlimited
|
|
fair use"). Quantities below 10,000 units are not considered large scale
|
|
production. If your reach quantities which are obviously large scale
|
|
production, you must pay a license fee of 0.10 EUR per unit for all units
|
|
above 10,000.
|
|
|
|
3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber
|
|
any copy of V-USB, or any of the rights granted herein.
|
|
|
|
3.3 Transfer. You may not transfer your rights under this Agreement to
|
|
another party without OBJECTIVE DEVELOPMENT's prior written consent. If
|
|
such consent is obtained, you may permanently transfer this License to
|
|
another party. The recipient of such transfer must agree to all terms and
|
|
conditions of this Agreement.
|
|
|
|
3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
|
|
expressly granted.
|
|
|
|
3.5 Non-Exclusive Rights. Your license rights under this Agreement are
|
|
non-exclusive.
|
|
|
|
3.6 Third Party Rights. This Agreement cannot grant you rights controlled
|
|
by third parties. In particular, you are not allowed to use the USB logo or
|
|
other trademarks owned by the USB Implementers Forum, Inc. without their
|
|
consent. Since such consent depends on USB certification, it should be
|
|
noted that V-USB will not pass certification because it does not
|
|
implement checksum verification and the microcontroller ports do not meet
|
|
the electrical specifications.
|
|
|
|
|
|
4 PAYMENT
|
|
|
|
The payment amount depends on the variation of this agreement (according to
|
|
section 3.1) into which you want to enter. Concrete prices are listed on
|
|
OBJECTIVE DEVELOPMENT's web site, usually at
|
|
http://www.obdev.at/vusb/license.html. You agree to pay the amount listed
|
|
there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
|
|
or reseller.
|
|
|
|
|
|
5 COPYRIGHT AND OWNERSHIP
|
|
|
|
V-USB is protected by copyright laws and international copyright
|
|
treaties, as well as other intellectual property laws and treaties. V-USB
|
|
is licensed, not sold.
|
|
|
|
|
|
6 TERM AND TERMINATION
|
|
|
|
6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
|
|
DEVELOPMENT may terminate this Agreement and revoke the granted license and
|
|
USB-IDs if you fail to comply with any of its terms and conditions.
|
|
|
|
6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
|
|
and limitation of liability shall survive termination of this agreement.
|
|
|
|
|
|
7 DISCLAIMER OF WARRANTY AND LIABILITY
|
|
|
|
LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
|
|
KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
|
|
DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
|
|
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
|
|
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
|
|
NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE
|
|
TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
|
|
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
|
|
STATE/JURISDICTION.
|
|
|
|
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
|
|
IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
|
|
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
|
|
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
|
|
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
|
|
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE
|
|
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
|
|
DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
|
|
CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
|
|
AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB.
|
|
|
|
|
|
8 MISCELLANEOUS TERMS
|
|
|
|
8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
|
|
purposes that you entered into this agreement.
|
|
|
|
8.2 Entire Agreement. This document represents the entire agreement between
|
|
OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
|
|
an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
|
|
|
|
8.3 Severability. In case a provision of these terms and conditions should
|
|
be or become partly or entirely invalid, ineffective, or not executable,
|
|
the validity of all other provisions shall not be affected.
|
|
|
|
8.4 Applicable Law. This agreement is governed by the laws of the Republic
|
|
of Austria.
|
|
|
|
8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
|
|
exclusive jurisdiction regarding all disputes in connection with this
|
|
agreement.
|
|
|