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fandevicefw/usbdrv/CommercialLicense.txt

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+V-USB Driver Software License Agreement
+Version 2012-07-09
+
+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 (now flirc.tv, Inc.). 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.
+