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1 V-USB Driver Software License Agreement |
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2 Version 2012-07-09 |
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3 |
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4 THIS LICENSE AGREEMENT GRANTS YOU CERTAIN RIGHTS IN A SOFTWARE. YOU CAN |
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5 ENTER INTO THIS AGREEMENT AND ACQUIRE THE RIGHTS OUTLINED BELOW BY PAYING |
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6 THE AMOUNT ACCORDING TO SECTION 4 ("PAYMENT") TO OBJECTIVE DEVELOPMENT. |
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7 |
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8 |
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9 1 DEFINITIONS |
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10 |
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11 1.1 "OBJECTIVE DEVELOPMENT" shall mean OBJECTIVE DEVELOPMENT Software GmbH, |
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12 Grosse Schiffgasse 1A/7, 1020 Wien, AUSTRIA. |
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13 |
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14 1.2 "You" shall mean the Licensee. |
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15 |
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16 1.3 "V-USB" shall mean all files included in the package distributed under |
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17 the name "vusb" by OBJECTIVE DEVELOPMENT (http://www.obdev.at/vusb/) |
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18 unless otherwise noted. This includes the firmware-only USB device |
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19 implementation for Atmel AVR microcontrollers, some simple device examples |
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20 and host side software examples and libraries. |
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21 |
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22 |
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23 2 LICENSE GRANTS |
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24 |
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25 2.1 Source Code. OBJECTIVE DEVELOPMENT shall furnish you with the source |
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26 code of V-USB. |
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27 |
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28 2.2 Distribution and Use. OBJECTIVE DEVELOPMENT grants you the |
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29 non-exclusive right to use, copy and distribute V-USB with your hardware |
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30 product(s), restricted by the limitations in section 3 below. |
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31 |
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32 2.3 Modifications. OBJECTIVE DEVELOPMENT grants you the right to modify |
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33 the source code and your copy of V-USB according to your needs. |
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34 |
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35 2.4 USB IDs. OBJECTIVE DEVELOPMENT furnishes you with one or two USB |
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36 Product ID(s), sent to you in e-mail. These Product IDs are reserved |
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37 exclusively for you. OBJECTIVE DEVELOPMENT has obtained USB Product ID |
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38 ranges under the Vendor ID 5824 from Wouter van Ooijen (Van Ooijen |
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39 Technische Informatica, www.voti.nl) and under the Vendor ID 8352 from |
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40 Jason Kotzin (now flirc.tv, Inc.). Both owners of the Vendor IDs have |
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41 obtained these IDs from the USB Implementers Forum, Inc. (www.usb.org). |
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42 OBJECTIVE DEVELOPMENT disclaims all liability which might arise from the |
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43 assignment of USB IDs. |
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44 |
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45 2.5 USB Certification. Although not part of this agreement, we want to make |
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46 it clear that you cannot become USB certified when you use V-USB or a USB |
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47 Product ID assigned by OBJECTIVE DEVELOPMENT. AVR microcontrollers don't |
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48 meet the electrical specifications required by the USB specification and |
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49 the USB Implementers Forum certifies only members who bought a Vendor ID of |
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50 their own. |
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51 |
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52 |
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53 3 LICENSE RESTRICTIONS |
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54 |
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55 3.1 Number of Units. Only one of the following three definitions is |
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56 applicable. Which one is determined by the amount you pay to OBJECTIVE |
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57 DEVELOPMENT, see section 4 ("Payment") below. |
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58 |
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59 Hobby License: You may use V-USB according to section 2 above in no more |
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60 than 5 hardware units. These units must not be sold for profit. |
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61 |
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62 Entry Level License: You may use V-USB according to section 2 above in no |
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63 more than 150 hardware units. |
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64 |
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65 Professional License: You may use V-USB according to section 2 above in |
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66 any number of hardware units, except for large scale production ("unlimited |
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67 fair use"). Quantities below 10,000 units are not considered large scale |
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68 production. If your reach quantities which are obviously large scale |
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69 production, you must pay a license fee of 0.10 EUR per unit for all units |
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70 above 10,000. |
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71 |
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72 3.2 Rental. You may not rent, lease, or lend V-USB or otherwise encumber |
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73 any copy of V-USB, or any of the rights granted herein. |
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74 |
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75 3.3 Transfer. You may not transfer your rights under this Agreement to |
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76 another party without OBJECTIVE DEVELOPMENT's prior written consent. If |
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77 such consent is obtained, you may permanently transfer this License to |
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78 another party. The recipient of such transfer must agree to all terms and |
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79 conditions of this Agreement. |
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80 |
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81 3.4 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not |
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82 expressly granted. |
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83 |
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84 3.5 Non-Exclusive Rights. Your license rights under this Agreement are |
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85 non-exclusive. |
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86 |
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87 3.6 Third Party Rights. This Agreement cannot grant you rights controlled |
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88 by third parties. In particular, you are not allowed to use the USB logo or |
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89 other trademarks owned by the USB Implementers Forum, Inc. without their |
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90 consent. Since such consent depends on USB certification, it should be |
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91 noted that V-USB will not pass certification because it does not |
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92 implement checksum verification and the microcontroller ports do not meet |
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93 the electrical specifications. |
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94 |
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95 |
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96 4 PAYMENT |
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97 |
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98 The payment amount depends on the variation of this agreement (according to |
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99 section 3.1) into which you want to enter. Concrete prices are listed on |
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100 OBJECTIVE DEVELOPMENT's web site, usually at |
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101 http://www.obdev.at/vusb/license.html. You agree to pay the amount listed |
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102 there to OBJECTIVE DEVELOPMENT or OBJECTIVE DEVELOPMENT's payment processor |
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103 or reseller. |
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104 |
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105 |
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106 5 COPYRIGHT AND OWNERSHIP |
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107 |
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108 V-USB is protected by copyright laws and international copyright |
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109 treaties, as well as other intellectual property laws and treaties. V-USB |
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110 is licensed, not sold. |
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111 |
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112 |
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113 6 TERM AND TERMINATION |
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114 |
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115 6.1 Term. This Agreement shall continue indefinitely. However, OBJECTIVE |
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116 DEVELOPMENT may terminate this Agreement and revoke the granted license and |
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117 USB-IDs if you fail to comply with any of its terms and conditions. |
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118 |
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119 6.2 Survival of Terms. All provisions regarding secrecy, confidentiality |
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120 and limitation of liability shall survive termination of this agreement. |
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121 |
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122 |
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123 7 DISCLAIMER OF WARRANTY AND LIABILITY |
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124 |
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125 LIMITED WARRANTY. V-USB IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY |
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126 KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE |
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127 DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER |
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128 EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
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129 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND |
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130 NON-INFRINGEMENT, WITH REGARD TO V-USB, AND THE PROVISION OF OR FAILURE |
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131 TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL |
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132 RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO |
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133 STATE/JURISDICTION. |
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134 |
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135 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, |
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136 IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY |
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137 SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER |
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138 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, |
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139 BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY |
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140 LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE V-USB OR THE |
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141 PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE |
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142 DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY |
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143 CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS |
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144 AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR V-USB. |
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145 |
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146 |
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147 8 MISCELLANEOUS TERMS |
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148 |
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149 8.1 Marketing. OBJECTIVE DEVELOPMENT has the right to mention for marketing |
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150 purposes that you entered into this agreement. |
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151 |
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152 8.2 Entire Agreement. This document represents the entire agreement between |
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153 OBJECTIVE DEVELOPMENT and you. It may only be modified in writing signed by |
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154 an authorized representative of both, OBJECTIVE DEVELOPMENT and you. |
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155 |
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156 8.3 Severability. In case a provision of these terms and conditions should |
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157 be or become partly or entirely invalid, ineffective, or not executable, |
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158 the validity of all other provisions shall not be affected. |
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159 |
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160 8.4 Applicable Law. This agreement is governed by the laws of the Republic |
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161 of Austria. |
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162 |
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163 8.5 Responsible Courts. The responsible courts in Vienna/Austria will have |
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164 exclusive jurisdiction regarding all disputes in connection with this |
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165 agreement. |
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166 |