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authoreroen <eroen@occam.eroen.eu>2013-02-23 09:08:54 +0100
committereroen <eroen@occam.eroen.eu>2013-02-23 09:08:54 +0100
commitedc89d3aecb3281039111bbe1c78724a8522cd29 (patch)
tree46940a37312d347c0c3cbe4e7ff5b8b15ff416e5 /licenses
parentopenmw: add release ebuild (diff)
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+Havok™ Physics / Havok™ Animation Limited No-Charge PC Game License Agreement
+-----------------------------------------------------------------------------
+
+
+ READ THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY
+BEFORE INSTALLING THE ACCOMPANYING SOFTWARE.
+
+ The Havok software (the "Software") and the accompanying documentation
+(the "Documentation") supplied (collectively, the "Product") are
+protected by United States, Irish and international copyright laws, and
+the copyrights and other intellectual property rights are owned by
+Telekinesys Research Limited (trading as Havok) First Floor, The Digital
+Depot, 157 Thomas Street, Dublin 8, Ireland. This license is granted (i)
+by Havok.com Inc to customers based in the United States of America or
+(ii) by Telekinesys Research Limited to customers based outside the
+United States of America (both referred to herein as "Havok"). The
+Product is copyrighted and licensed (not sold). By installing the
+Software, you ("Licensee") are accepting and agreeing to the terms of
+this Agreement. If you are not willing to be bound by the terms of this
+Agreement, you should promptly de-install and/or return the Product.
+What constitutes a PC Game shall be determined by Havok, in its sole
+discretion on a case by case basis, and Havok intends to use reasonable
+industry-standards to determine whether or not a specific Havok-enabled
+PC application constitutes a PC Game. For the illustrative purposes, a
+PC Game may include, but not be limited to, any integrally developed
+executable PC program and its specific associated 3D digital content
+which presents an interactive experience designed solely for the
+purposes of entertainment, and not for the purposes of professional
+training, analysis, inspection, marketing, promotion, or benchmarking.
+Redistribution of Havok Software and/or Documentation as part of a
+commercial or non-commercial middleware, engine, or tool offering is
+prohibited.
+
+ 1. OWNERSHIP
+ The Software (including any header files and demonstration code that
+may be included) and Documentation, and all associated copyrights and
+other intellectual property rights, are the property of Havok or its
+licensors. Licensee acquires no title, right or interest in the Product
+other than the license granted herein by Havok and the title to the
+media upon which the Product is delivered.
+
+ 2. PROPRIETARY NOTICES
+ Licensee shall not remove any trademark, trade name, copyright notice
+or other proprietary notice from the Software or Documentation, and
+shall be responsible for the conservation of same on all copies of the
+Software and Documentation. Licensee may not reproduce any portion of
+the Software or Documentation, except as permitted by this Agreement.
+
+ 3. LICENSE
+
+1. Subject to the terms and conditions of this Agreement, Havok hereby
+ grants to Licensee a non commercial, nonexclusive, nontransferable,
+ internal, limited license to evaluate the Product at Licensee's
+ premises for the Term of this Agreement only. Except as permitted
+ under section 3 (b) below, which shall not apply in respect of the
+ Havok Behavior Tool, the Product is provided for evaluation,
+ demonstration, prototyping, testing, and/or proof of concept
+ purposes only and no commercial product development work is
+ authorized under this Agreement, whether such developed software is
+ used internally or distributed to end users.
+2. Excluding the Havok Behavior Tool, in the following cases Havok
+ grants to Licensee a nonexclusive, nontransferable, irrevocable
+ (except to the extent provided in section 13 below), perpetual right
+ and license to internally develop:
+ 1. publicly demonstrate, and publicly distribute a Havok-enabled
+ non-commercial end-user compiled, binary executable software
+ application or game for the Windows PC Platform, in which the
+ Software is compiled and distributed within the software
+ application or game in an integral, non-separable way, for no
+ direct or indirect commercial value;
+ 2. publicly demonstrate, and publicly sell a Havok-enabled
+ commercial PC Game only for the Windows PC Platform for a retail
+ value of less than or equal to and for which the end user will
+ not pay in total more than ten US Dollars (US$10.00) (or
+ equivalent amount in other currencies based on prevailing
+ exchange rates at the time of game launch), and in which the
+ Software is compiled and distributed within the binary
+ executable game in an integral, non-separable way only;
+ 3. publicly demonstrate a Havok-enabled commercial PC Game for the
+ Windows PC Platform, intended for commercial sale above a retail
+ value of ten US Dollars (US$10.00) , subject to (aa) in Havok's
+ sole discretion, Havok's prior written approval; and (bb)
+ execution of a separate no-charge PC Game distribution license
+ which must be secured from Havok at
+ www.havok.com/PCgamedistribution; and
+ 4. develop compatibility between the Havok SDK and PC Game tools,
+ PC Game middleware, and PC Game engines, subject to no
+ components of the Software being redistributed in any manner.
+ 5. publicly distribute Havok-compatible commercial and
+ non-commercial demo code and academic research subject to no
+ components of the Software being redistributed in any manner.
+
+3. The source code of the Software (other than included header files
+ and demonstration code) and design documentation are confidential
+ and proprietary information and trade secrets of Havok, its
+ suppliers and/or licensors.
+4. To use the Product beyond the Term of this Agreement Licensee shall
+ be required to contact Havok at www.havok.com/purchase to discuss
+ the commercial terms of such additional use.
+
+
+ 4. COPY RESTRICTIONS AND OTHER RESTRICTIONS
+
+1. Licensee may make such reasonable number of copies of the Product as
+ are necessary to exercise Licensee's rights under this Agreement,
+ provided that such copies shall include all applicable copyright,
+ trademark and other proprietary notices of Havok in accordance with
+ Section 2 above.
+2. Unless permitted herein, Licensee will not display or disclose the
+ Product to third parties, rent, lease, loan, sublicense, modify,
+ adapt, translate benchmark, reverse engineer, disassemble or
+ decompile the Product or any portion thereof, or create derivative
+ works of the Product even for purposes of interoperability or error
+ correction. If Licensee desires information relating to the Software
+ for purposes of achieving interoperability with independently
+ created computer software, Licensee may make a written request to
+ Havok for such information. Licensee shall promptly report to Havok
+ any actual or suspected violation of this section and shall take
+ further steps as may reasonably be requested by Havok to prevent or
+ remedy any such violation.
+3. Save as explicitly permitted herein above, Licensee shall not use
+ the Product for commercial or non-evaluative purposes in any
+ capacity, including, but not limited to, the following restrictions:
+ commercial digital content development, commercial industrial and
+ mechanical simulation, benchmarking and/or military applications.
+
+
+ 5. TRADEMARK LICENSE
+
+1. Each party owns the trademarks, logos, service marks and tradenames
+ (collectively "Marks") for their respective companies, products
+ and/or services, including, but not limited to the Licensee
+ developed game and the Havok Product.
+2. Licensee hereby grants to Havok a nonexclusive, non-transferable,
+ worldwide license to refer to Licensee and the Licensee developed
+ game, using Licensee's Marks, on Havok's website as part of its
+ customer list (subject to any reasonable usage conditions of
+ Licensee).
+3. For purposes other than as outlined herein, each party grants the
+ other party a nonexclusive, nontransferable, non-sublicenseable,
+ worldwide license to refer to the granting party's products and
+ technologies using the associated Marks provided that each party
+ shall submit to the other party for approval (which approval will
+ not be unreasonably withheld or delayed) a sample of each proposed
+ use of the other party's Marks.
+4. Except as provided herein, no license or other rights with respect
+ to Marks of either party is conferred on the other party. Each party
+ acknowledges and agrees that all use of the other party's Marks
+ shall inure to the benefit of the owner of such Marks. Except as set
+ forth herein neither party shall be required to use the Marks of the
+ other Party.
+
+
+ 6. ATTRIBUTION
+ Notwithstanding the foregoing, with respect to the Licensee developed
+game, Licensee shall:
+
+1. include Havok's logo (as provided by Havok to Licensee), on the
+ cover (or where other logos appear) of all Licensee developed game
+ packaging (if any), and the credit screen of the Licensee Developed
+ Game;
+2. include the following copyright and credit notice on the credit
+ screen or "about" box of the Licensee developed game and in the
+ credit section of the Licensee Developed Game manual: ""Licensee
+ Developed Game title" uses Havok®. ©Copyright 1999-2011 Havok.com
+ Inc. (and its Licensors). All Rights Reserved. See www.havok.com for
+ details.";
+3. permit Havok to produce and publish a Licensee developed
+ game-specific case study linked to the Licensee's logo on Havok's
+ website, permit Havok to create self-promotional materials such as
+ press releases, advertisements, brochures, newsletters and create
+ and display trade shows demos which may show references to or
+ include real time game play and captured video clips and images from
+ the Licensee developed game;
+4. provide a quote about the Licensee's integration of the Havok
+ Product into the game title for use in Havok's press materials and
+ website; and
+5. refer to Havok in press coverage relating or referring to the
+ relevant engine or tools used in the development Licensee developed
+ game such that Havok is identified as the provider of the middleware
+ system or tools used by Licensee in developing and creating the
+ Licensee developed game.
+
+
+ 7. U.S. GOVERNMENT END-USERS
+ The Software and the Documentation are "commercial items" as that term
+is defined in applicable U.S. C.F.R. clauses; if the licensee hereunder
+is the U.S. Government or any agency or department thereof, the Software
+and the Documentation are licensed hereunder (i) only as a commercial
+item, and (ii) with only those rights as are granted to all other end
+users pursuant to the terms and conditions of this Agreement.
+
+ 8. SUPPORT
+ This Product is unsupported. Community Support is available on the web
+at http://software.intel.com/en-us/forums/havok/.
+
+ 9. DURATION
+ Except as permitted under section 3 (b) above, this Agreement is
+effective from the date this Software is installed by Licensee and shall
+remain in force for a period of six (6) months, unless specified
+otherwise herein, and unless earlier terminated as provided for herein
+(the "Term").
+ 10. REPLACEMENT AND EXCLUSION OF WARRANTIES
+
+1. Should the Product prove defective, the Licensee's sole remedy shall
+ be to request a new copy of the Product from Havok that may be
+ granted or withheld by Havok at its sole discretion.
+2. HAVOK SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS
+ CONTAINED IN THE SOFTWARE OR THE RESULTS OF USE WILL MEET LICENSEE'S
+ REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
+ UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH ABOVE,
+ THE PRODUCT IS PROVIDED TO LICENSEE "AS IS" WITHOUT WARRANTY OF ANY
+ KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
+ BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
+ FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE
+ RISK AS TO THE SUITABILITY, QUALITY AND PERFORMANCE OF THE PRODUCT
+ IS WITH LICENSEE AND NOT WITH HAVOK. This disclaimer of warranty
+ constitutes an essential part of this Agreement.
+
+SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
+SUCH EXCLUSION MAY NOT APPLY TO YOU.
+
+ 11. LIMITED LIABILITY
+ IN NO EVENT SHALL HAVOK, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY
+DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
+EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
+BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
+DATA, GOODWILL OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
+INABILITY TO USE THE SOFTWARE, EVEN IF FORSEEABLE OR IF HAVOK HAS BEEN
+ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF HAVOK IS HELD LIABLE
+UNDER THIS AGREEMENT, HAVOK'S, ITS SUPPLIERS' AND LICENSORS' LIABILITY
+SHALL BE LIMITED TO THE PRICE PAID BY THE LICENSEE FOR THE PRODUCT
+SUPPLIED.
+
+ 12. ASSIGNMENT
+ This Agreement and any rights granted hereunder may not be assigned,
+sub-licensed or otherwise transferred by Licensee to any third party
+without the prior written consent of Havok. Havok may assign or transfer
+its rights and obligations under this Agreement at any time without
+notice to or the consent of Licensee.
+
+ 13. TERMINATION
+
+1. This Agreement and the license granted hereunder will terminate
+ immediately if Licensee breaches any of the provisions of this
+ Agreement. This Agreement and the license granted hereunder may be
+ terminated by Havok at any time upon written notice to Licensee.
+2. Upon termination of this Agreement and of the license granted
+ hereunder, Licensee shall cease any further use of the Product, and
+ must destroy all copies of the Software and Documentation, in any
+ form, in Licensee's possession or control.
+3. The provisions of Sections 1, 2, 10, 11, and 13-18 and the
+ definitions of this Agreement shall survive the termination of this
+ Agreement (for any reason).
+
+
+ 14. AMENDMENT; WAIVER
+ No modification or waiver of any provision of this Agreement shall be
+binding on either party unless specifically agreed upon in a writing
+signed by both parties. Any failure or delay by Havok to exercise or
+enforce any of the rights or remedies granted hereunder will not operate
+as a waiver thereof. No waiver by Havok of any breach of this Agreement
+will operate as a waiver of any other or subsequent breach.
+
+ 15. SEVERABILITY
+ If any provision of this Agreement is found invalid or unenforceable,
+that provision will be reformed, construed and enforced to the maximum
+extent permissible, and the other provisions of this Agreement will
+remain in full force and effect.
+
+ 16. LAW AND JURISDICTION
+ If Licensee is based in the United States of America, this Agreement
+will be governed by the laws of the State of California, without regard
+to its conflict of laws provisions. If Licensee is based outside the
+United States of America, this License Agreement is governed by the laws
+of the Republic of Ireland.
+
+ 17. EXPORT ADMINISTRATION ACT
+ Licensee will not import, export or re-export the Product (or portion
+thereof) to or from any country in contravention of any applicable
+import or export laws.
+
+ 18. ENTIRE AGREEMENT
+ Licensee has read this Agreement and agrees to be bound by its terms,
+and further agrees that, unless the parties have entered into a signed
+development license agreement relating to the subject matter hereof (a
+"Signed Agreement"), this Agreement constitutes the complete and entire
+agreement of the parties and supersedes all previous communications,
+oral or written, and all other communications between them relating to
+the subject matter hereof. If, however, the parties have entered into a
+Signed Agreement, to the extent of any inconsistency, such Signed
+Agreement shall take precedence over the terms of this Agreement. No
+representations or statements of any kind made by either party, which
+are not expressly stated herein, shall be binding on such party.
+
+
+[Accept]     [Decline]