AVR-USB Driver Software License Agreement Version 2008-10-07 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 "AVR-USB" shall mean all files included in the package distributed under the name "avrusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/avrusb/) 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 AVR-USB. 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the non-exclusive right to use, copy and distribute AVR-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 AVR-USB according to your needs. 2.4 USB IDs. OBJECTIVE DEVELOPMENT grants you the exclusive rights to use USB Product ID(s) sent to you in e-mail after receiving your payment in conjunction with USB Vendor ID 5824. OBJECTIVE DEVELOPMENT has acquired an exclusive 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 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 AVR-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 AVR-USB according to section 2 above in no more than 150 hardware units. Professional License: You may use AVR-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 AVR-USB or otherwise encumber any copy of AVR-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 AVR-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/avrusb/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 AVR-USB is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. AVR-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. AVR-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 AVR-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 AVR-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 AVR-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.