git.zerfleddert.de Git - fnordlicht-mini/blob - firmware/fnordlicht-controller/usbdrv/CommercialLicense.txt

   1 V-USB Driver Software License Agreement
   2 Version 2009-08-03
   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 "V-USB" shall mean all files included in the package distributed under
  17 the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/)
  18 unless otherwise noted. This includes the firmware-only USB device
  19 implementation for Atmel AVR microcontrollers, some simple device examples
  20 and host side software examples and libraries.
  21
  22
  23 2 LICENSE GRANTS
  24
  25 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source
  26 code of V-USB.
  27
  28 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the
  29 non-exclusive right to use, copy and distribute V-USB with your hardware
  30 product(s), restricted by the limitations in section 3 below.
  31
  32 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify
  33 the source code and your copy of V-USB according to your needs.
  34
  35 2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB
  36 Product ID(s), sent to you in e-mail. These Product IDs are reserved
  37 exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID
  38 ranges under the Vendor ID 5824 from Wouter van Ooijen (Van Ooijen
  39 Technische Informatica, www.voti.nl) and under the Vendor ID 8352 from
  40 Jason Kotzin (Clay Logic, www.claylogic.com). Both owners of the Vendor IDs
  41 have obtained these IDs from the USB Implementers Forum, Inc.
  42 (www.usb.org). OBJECTIVE DEVELOPMENT disclaims all liability which might
  43 arise from the assignment of USB IDs.
  44
  45 2.5 USB Certification. Although not part of this agreement, we want to make
  46 it clear that you cannot become USB certified when you use V-USB or a USB
  47 Product ID assigned by OBJECTIVE DEVELOPMENT. AVR microcontrollers don't
  48 meet the electrical specifications required by the USB specification and
  49 the USB Implementers Forum certifies only members who bought a Vendor ID of
  50 their own.
  51
  52
  53 3 LICENSE RESTRICTIONS
  54
  55 3.1 Number of Units. Only one of the following three definitions is
  56 applicable. Which one is determined by the amount you pay to OBJECTIVE
  57 DEVELOPMENT, see section 4 ("Payment") below.
  58
  59 Hobby License: You may use V-USB according to section 2 above in no more
  60 than 5 hardware units. These units must not be sold for profit.
  61
  62 Entry Level License: You may use V-USB according to section 2 above in no
  63 more than 150 hardware units.
  64
  65 Professional License: You may use V-USB according to section 2 above in
  66 any number of hardware units, except for large scale production ("unlimited
  67 fair use"). Quantities below 10,000 units are not considered large scale
  68 production. If your reach quantities which are obviously large scale
  69 production, you must pay a license fee of 0.10 EUR per unit for all units
  70 above 10,000.
  71
  72 3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber
  73 any copy of V-USB, or any of the rights granted herein.
  74
  75 3.3 Transfer. You may not transfer your rights under this Agreement to
  76 another party without OBJECTIVE DEVELOPMENT's prior written consent. If
  77 such consent is obtained, you may permanently transfer this License to
  78 another party. The recipient of such transfer must agree to all terms and
  79 conditions of this Agreement.
  80
  81 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not
  82 expressly granted.
  83
  84 3.5 Non-Exclusive Rights. Your license rights under this Agreement are
  85 non-exclusive.
  86
  87 3.6 Third Party Rights. This Agreement cannot grant you rights controlled
  88 by third parties. In particular, you are not allowed to use the USB logo or
  89 other trademarks owned by the USB Implementers Forum, Inc. without their
  90 consent. Since such consent depends on USB certification, it should be
  91 noted that V-USB will not pass certification because it does not
  92 implement checksum verification and the microcontroller ports do not meet
  93 the electrical specifications.
  94
  95
  96 4 PAYMENT
  97
  98 The payment amount depends on the variation of this agreement (according to
  99 section 3.1) into which you want to enter. Concrete prices are listed on
 100 OBJECTIVE DEVELOPMENT's web site, usually at
 101 http://www.obdev.at/vusb/license.html. You agree to pay the amount listed
 102 there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor
 103 or reseller.
 104
 105
 106 5 COPYRIGHT AND OWNERSHIP
 107
 108 V-USB is protected by copyright laws and international copyright
 109 treaties, as well as other intellectual property laws and treaties. V-USB
 110 is licensed, not sold.
 111
 112
 113 6 TERM AND TERMINATION
 114
 115 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE
 116 DEVELOPMENT may terminate this Agreement and revoke the granted license and
 117 USB-IDs if you fail to comply with any of its terms and conditions.
 118
 119 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality
 120 and limitation of liability shall survive termination of this agreement.
 121
 122
 123 7 DISCLAIMER OF WARRANTY AND LIABILITY
 124
 125 LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
 126 KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE
 127 DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER
 128 EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
 129 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
 130 NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE
 131 TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
 132 RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
 133 STATE/JURISDICTION.
 134
 135 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
 136 IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
 137 SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
 138 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
 139 BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
 140 LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE
 141 PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE
 142 DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
 143 CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
 144 AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB.
 145
 146
 147 8 MISCELLANEOUS TERMS
 148
 149 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing
 150 purposes that you entered into this agreement.
 151
 152 8.2 Entire Agreement. This document represents the entire agreement between
 153 OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by
 154 an authorized representative of both, OBJECTIVE DEVELOPMENT and you.
 155
 156 8.3 Severability. In case a provision of these terms and conditions should
 157 be or become partly or entirely invalid, ineffective, or not executable,
 158 the validity of all other provisions shall not be affected.
 159
 160 8.4 Applicable Law. This agreement is governed by the laws of the Republic
 161 of Austria.
 162
 163 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have
 164 exclusive jurisdiction regarding all disputes in connection with this
 165 agreement.
 166