AVR-USB Driver Software License AgreementVersion 2008-04-15THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CANENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYINGTHE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT.1 DEFINITIONS1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH,Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA.1.2 "You" shall mean the Licensee.1.3 "AVR-USB" shall mean all files included in the package distributed underthe name "avrusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/avrusb/)unless otherwise noted. This includes the firmware-only USB deviceimplementation for Atmel AVR microcontrollers, some simple device examplesand host side software examples and libraries.2 LICENSE GRANTS2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the sourcecode of AVR-USB.2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you thenon-exclusive right to use and distribute AVR-USB with your hardwareproduct(s), restricted by the limitations in section 3 below.2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modifyyour copy of AVR-USB according to your needs.2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to useUSB Product ID(s) sent to you in e-mail after receiving your payment inconjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired anexclusive license for this pair of USB identifiers from Wouter van Ooijen(www.voti.nl), who has licensed the VID from the USB Implementers Forum,Inc. (www.usb.org).3 LICENSE RESTRICTIONS3.1 Number of Units. Only one of the following three definitions isapplicable. Which one is determined by the amount you pay to OBJECTIVEDEVELOPMENT, see section 4 ("Payment") below.Hobby License: You may use AVR-USB according to section 2 above in no morethan 5 hardware units. These units must not be sold for profit.Entry Level License: You may use AVR-USB according to section 2 above in nomore than 150 hardware units.Professional License: You may use AVR-USB according to section 2 above inany number of hardware units, except for large scale production ("unlimitedfair use"). Quantities below 10,000 units are not considered large scaleproduction. If your reach quantities which are obviously large scaleproduction, you must pay a license fee of 0.10 EUR per unit for all unitsabove 10,000.3.2 Rental. You may not rent, lease, or lend AVR-USB or otherwise encumberany copy of AVR-USB, or any of the rights granted herein.3.3 Transfer. You may not transfer your rights under this Agreement toanother party without OBJECTIVE DEVELOPMENT's prior written consent. Ifsuch consent is obtained, you may permanently transfer this License toanother party. The recipient of such transfer must agree to all terms andconditions of this Agreement.3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights notexpressly granted.3.5 Non-Exclusive Rights. Your license rights under this Agreement arenon-exclusive.3.6 Third Party Rights. This Agreement cannot grant you rights controlledby third parties. In particular, you are not allowed to use the USB logo orother trademarks owned by the USB Implementers Forum, Inc. without theirconsent. Since such consent depends on USB certification, it should benoted that AVR-USB will not pass certification because it does notimplement checksum verification and the microcontroller ports do not meetthe electrical specifications.4 PAYMENTThe payment amount depends on the variation of this agreement (according tosection 3.1) into which you want to enter. Concrete prices are listed onOBJECTIVE DEVELOPMENT's web site, usually athttp://www.obdev.at/avrusb/license.html. You agree to pay the amount listedthere to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processoror reseller.5 COPYRIGHT AND OWNERSHIPAVR-USB is protected by copyright laws and international copyrighttreaties, as well as other intellectual property laws and treaties. AVR-USBis licensed, not sold.6 TERM AND TERMINATION6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVEDEVELOPMENT may terminate this Agreement and revoke the granted license andUSB-IDs if you fail to comply with any of its terms and conditions.6.2 Survival of Terms. All provisions regarding secrecy, confidentialityand limitation of liability shall survive termination of this agreement.7 DISCLAIMER OF WARRANTY AND LIABILITYLIMITED WARRANTY. AVR-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANYKIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVEDEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHEREXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT, WITH REGARD TO AVR-USB, AND THE PROVISION OF OR FAILURETO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGALRIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TOSTATE/JURISDICTION.LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANYSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARYLOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AVR-USB OR THEPROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVEDEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANYCASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THISAGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR AVR-USB.8 MISCELLANEOUS TERMS8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketingpurposes that you entered into this agreement.8.2 Entire Agreement. This document represents the entire agreement betweenOBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed byan authorized representative of both, OBJECTIVE DEVELOPMENT and you.8.3 Severability. In case a provision of these terms and conditions shouldbe 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 Republicof Austria.8.5 Responsible Courts. The responsible courts in Vienna/Austria will haveexclusive jurisdiction regarding all disputes in connection with thisagreement.