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EULA.txt
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EULA.txt
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Havok™ Project Anarchy™ Software License Agreement
IMPORTANT – READ CAREFULLY: THE COMPUTER SOFTWARE KNOWN AS PROJECT ANARCHY AND RELATED DOCUMENTATION IN ELECTRONIC OR PRINTED FORM (collectively the “Havok Software”) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND HAVOK (defined below). BY DOWNLOADING THIS HAVOK SOFTWARE, AND/OR INSTALLING OR OTHERWISE USING THE HAVOK SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (the “Agreement”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS HAVOK SOFTWARE.
“Licensee”, “you” and “your” refers to the person who is downloading, installing or otherwise using the Havok Software provided under this Agreement. You must be at least 18 years of age (or have reached the age of majority in the jurisdiction in which you reside), or you affirm that you have reviewed this Agreement with your parent or guardian and s/he consents to this Agreement on your behalf and takes full responsibility for your compliance with the terms and conditions hereof. You agree that you and/or your parent or guardian are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, representations and responsibilities set forth in this Agreement.
“Havok” means Telekinesys Research Limited (trading as Havok) its affiliates and subsidiaries.
“Target Platforms” means iOS, Android and Tizen. Any other supported platforms will require a separate license from Havok. Project Anarchy may be supported on platforms other than the Target Platforms, but no license to distribute on any platform other than the Target Platforms is granted hereunder. Havok may add or remove Target Platforms upon written notice posted on www.projectanarchy.com.
“Licensee Applications” means applications and User Generated Materials (defined below) you develop using the Havok Software for entertainment or educational purposes only, intended for public release on an app store, and only for use on the Target Platforms. Licensee Applications expressly do not include applications that are for gambling, or for training, simulation, or visualization in industrial, military or any non-games markets. If you wish to use Project Anarchy for any of the foregoing excluded uses, please contact sales@havok.com.
1. Ownership. The Havok Software is protected by the intellectual property laws of the United States, Ireland, international treaties and conventions as well as other intellectual property laws. The Havok Software is licensed, and not sold, and this Agreement confers no title or ownership to the Havok Software program or any copy thereof. Any use, reproduction or redistribution of the Havok Software not in accordance with the terms of this Agreement is expressly prohibited. All intellectual property rights in and to the Havok Software (including without limitation header files, libraries, demonstration code, sample levels, themes, objects, text, concepts, artwork, and other content incorporated therein) and title to any and all copies thereof are owned by Havok or its licensors. This Agreement grants you no right to use such content or the Havok Software other than as expressly set forth under this Agreement. All rights not expressly granted under this Agreement are reserved by Havok and its licensors. The Havok Software may contain certain licensed materials and Havok’s licensors may act to protect their rights in the event of any violation of this Agreement.
Notwithstanding the above, you retain ownership rights in the Licensee Applications you develop. Except for material that Havok licenses to you that may be incorporated into your own Licensee Applications, Havok does not claim ownership of your License Applications, and therefore, you remain fully responsible for it. Havok does not control, verify, or endorse your License Applications that you and others develop.
2. Limited Use License. Subject to your continuing compliance with the terms and conditions of this Agreement, Havok hereby grants, and by installing, downloading or otherwise using the Havok Software, you thereby accept, a non-exclusive, non-transferable, non-sub-licensable limited right and license to install one (1) copy of the Havok Software solely for your use on a single computer in and in connection with the development of Licensee Applications on the Target Platforms. You may not network the Havok Software or otherwise install it or use it on more than three computers at any one time. The middleware components of the Havok Software are provided as components of the Havok Vision Engine and may not be extracted or otherwise used separately. To use the Havok Software you must have all applicable or required hardware (which we do not provide). You are responsible for paying all fees and taxes for any hardware and other costs (including without limitation internet costs) you may incur to access the Havok Software. Neither this Agreement nor use of the Havok Software entitles you to any future releases of the Havok Software, or to any expansions, sequels, or similar or ancillary products. For the avoidance of doubt, any mp3 or other music files included in connection with the Havok Software, in demos, examples and the like are not licensed as part of the Havok Software. You must obtain a separate license from the copyright holder if you wish to reuse such files.
Furthermore, in the event that you release a Licensee Application on a Target Platform which supports x86 based devices, you agree that you will also release an equivalent x86 compatible version of the Licensee Application. For a comprehensive list of Target Platforms which have this requirement see www.projectanarchy.com/platform-requirements.
Educational Institutions Only: Notwithstanding anything to the contrary herein, in the limited case where students are using the Havok Software as part of an educational program in a computer laboratory environment or on educational institution owned computers and each student cannot install the Havok Software and accept this Agreement on an individual basis due to the institution’s rules and IT procedures, the educational institution may install the software on computers owned or operated by the institution for the use of the students, provided that it provides a copy of this Agreement to each student user in paper and/or electronic form and informs them that they are bound by the terms hereof.
3. User Generated Materials. As part of the license grant associated with Licensee Applications, you may create plug-ins, integrations with third party software, and other middleware applications for use in connection with the Havok Software (other than the Third Party Software as defined below) and educational materials relating to Project Anarchy such as user guides or educational videos (the “User Generated Materials”). You may license, sell or otherwise make such User Generated Materials available to third parties, however the User Generated Materials will at all times be subject to and may not violate any term or condition of this Agreement (except that Section 6 (Attribution) shall not apply to User Generated Materials) or the terms and conditions of any third party license associated with the User Generated Materials. Notwithstanding the foregoing, a license will be required should you wish to develop or release User Generated Materials that act as a store, facilitate collection of revenue or provide direct means for purchasing materials within the Havok Software. Please contact Havok via email at middleware@projectanarchy.com for licensing.
You may not express or imply that the User Generated Materials are in any way affiliated with or endorsed by Havok or its licensors. Additionally, User Generated Materials may not expose the APIs of the Havok Software or use the Havok Software to create User Generated Materials or other application that is derivative of (as that term is understood in copyright law) or would compete directly or indirectly with the Havok Software or product, to be determined in the sole discretion of Havok, except to the minimum extent necessary to allow the User Generated Materials to interoperate with the Havok Software.
4. Support. Support is provided via the Project Anarchy website at www.projectanarchy.com.
5. Restrictions on Use. In addition to any other restrictions set forth herein, you shall not do any of the following, either directly or indirectly:
5.1 Use the Havok Software to develop applications other than Licensee Applications (without prior written permission from Havok) or as an operating system.
5.2 Copy the Havok Software except a single backup copy;
5.3 Sell, rent, lease, license, distribute, lend, sub-license, or otherwise transfer or make the Havok Software available to any other person, in whole or in part, or use the Havok Software or any part thereof by uploading the Havok Software to a network or file-sharing service or use in a service bureau, streaming, software-as-a-service, "cyber cafe", computer gaming center or any other commercial location or context in which multiple users who have not each separately licensed the Havok Software may access the Havok Software program;
5.4 Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Havok Software, in whole or in part, except as otherwise explicitly allowed by law;
5.5 Remove, disable or circumvent any proprietary notices or labels contained on or within the Havok Software;
5.6 Use the Havok Software in any manner (including in connection with open source software) that would: (i) create, or purport to create, any obligations on Havok or its licensors with respect to the Havok Software; (ii) grant, or purport to grant, to any third party any rights to or immunities under Havok’s, its affiliates’, or its licensors’ intellectual property rights; (iii) cause the Havok Software (or any part thereof) to be subject to any licensing terms or obligations (such as an open source license) that would require the Havok Technology and/or derivative works thereof to be disclosed or distributed, whether or not in source code form, to be licensed for the purpose of making derivatives works, or to be redistributed free of charge;
5.7 Use the Havok Software in any way that violates any applicable local, national, or international laws;
5.8 Export or re-export the Havok Software or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations. If you are located in, under the control of, or a national or resident of any country to which an international embargo applies, including without limitation any countries to which the U.S. and/or the EU has embargoed goods, or you are on the U.S. Treasury Department’s list of Specially Designated Nationals, or subject to the U.S. Commerce Department’s Table of Denial Order, no license is granted hereunder.
6. Notice and Attribution: You must provide the following notice and attribution to Havok:
6.1 Written notice to Havok, prior to releasing a Licensee Application to end users, including the name of the Licensee Application, release platforms, major app stores and/or marketplaces through which Licensee will distribute the Licensee Application (as reasonably known or anticipated), and unique product identifier, where available. See www.projectanarchy.com/release for details.
6.2 include Havok’s logo (as provided by Havok to Licensee), on the splash screen of the Licensee Application, pursuant to Havok’s logo guidelines for placement at www.projectanarchy.com/logo;
6.3 include the following copyright and credit notice on the credit screen or “about” screen of the Licensee Application, or where other middleware licensed products are listed:
“Licensee Application title” uses Project Anarchy™ by Havok™ & © 2013 Havok (and its Licensors). All Rights Reserved. See www.projectanarchy.com for details.
6.4 reference the Project Anarchy logo and middleware technology names where other logos and/or middleware technology names are referenced on the Licensee Developer’s website and refer to Havok in press coverage relating or referring to the relevant engine or tools used in the development of a Licensee Application such that Havok is identified as the provider of the engine used by Licensee in developing and creating the Licensee Application. Hyperlink Project Anarchy logo back to the official website www.projectanarchy.com;
6.5 permit Havok to reference and use official logo and name of Licensee for use in written and online marketing and sales materials and to create and display self-promotional demo materials and use screenshot materials that capture game assets from real-time game play, captured video clips and images from the Licensee Application, after release of the Licensee Application to the public. To the extent that you provide Havok with input or usage requests with regard to the use of Licensee logo or materials, Havok will use commercially reasonable efforts to comply with such requests; and
6.6 Upon Havok’s request, work with Havok to (i) create a joint press release to be approved by Licensee as to content and timing; and (ii) provide a quote about the Licensee usage of the Havok Software for use in Havok’s written and online marketing and sales materials.
7. Feedback. You may provide feedback, suggestions, and ideas, if you choose, about the Havok Software (collectively the “Feedback”). You agree that Havok may use this Feedback in any way, including in future enhancements and modifications to the Havok Software. You hereby grant to Havok and its assigns a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty free license, under your intellectual property rights, to use, reproduce, modify, create derivative works from, distribute, and display such Feedback in any manner and for any purpose, without any obligation to provide attribution or compensation to you or any third party.
8. Term and Termination. This License is valid until terminated. Without prejudice to any other rights of Havok, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Havok Software and all of its component parts in your possession. If you transfer the physical media in which the Havok Software is embodied to another, you permanently terminate all of your rights under this Agreement and you agree to remove the Havok Software from your hardware.
9. LIMITATION OF LIABILITY. YOU EXPRESSLY AGREE THAT USE OF THE HAVOK SOFTWARE IS AT YOUR SOLE RISK. THE HAVOK SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE HAVOK SOFTWARE ARE HEREBY EXPLICITLY DISCLAIMED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. IN NO EVENT WILL HAVOK BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE HAVOK SOFTWARE, INCLUDING DAMAGE TO PROPERTY, LOSS OF GOODWILL, LOSS OF DATA, HARDWARE FAILURE OR MALFUNCTION, THE COST OF PROCURING SUBSTITUTE PRODUCTS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF HAVOK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. HAVOK’S AND ITS LICENSORS’ LIABILITY SHALL NOT EXCEED THE GREATER OF ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS HAVOK SOFTWARE OR ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS WILL SURVIVE THIS AGREEMENT AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/ OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS HAVOK’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. U.S. Government Restricted Rights. The Havok Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/ Manufacturer is Havok.com, Inc., 49 Stevenson Street, 11th Floor, San Francisco, CA 94105.
11. Equitable Remedies. Because Havok and/or its licensors would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Havok shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Havok may otherwise have under applicable laws.
12. Indemnity. You agree to indemnify, defend and hold Havok, its partners, affiliates, contractors, licensors, and each of their respective officers, directors, employees and agents harmless from all damages, losses and expenses (including without limitation outside attorney’s fees and court costs) arising directly or indirectly from your acts or omissions in connection with your use of the Havok Software, combination of the Havok Software with any other software, the application you develop using Havok Software, any Licensee Applications or User Generated Materials you develop, any direct or contributory infringement or violation by you of third party intellectual property, publicity, privacy or other rights, or any breach of this Agreement by you. Havok reserves the right to assume all or any part of the defense and control of any such claims and negotiations for settlement or compromise and you agree to fully cooperate with Havok in doing so.
13. Consent to Data Collection. You agree that the Havok Software may make Internet connections in order to validate license keys or take other measures to prevent unauthorized use, check for updates, and provide anonymous error, demographic, and usage statistics to Havok. For details on how Havok may use any personally identifiable data you provide, see Havok’s privacy policy at www.havok.com/privacy.
14. Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties superseding all prior agreements and representations between them on this subject matter hereof, and may be amended only by a writing executed by both parties. Havok’s failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any wavier must be in writing signed by Havok and no waiver shall be continuing. Notwithstanding anything else in this License Agreement, no default, delay or failure to perform on the part of Havok shall be considered a breach of this License Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Havok. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law and you consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California. The parties may agree to resolve a dispute in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or Havok may file a case with any national arbitration company. If the parties agree to arbitration, Havok will pay all arbitration fees for non-frivolous claims. To the extent allowed by law, you agree that you will only sue Havok as an individual, that you agree that you will not file a class action, or participate in a class action, and that you waive any right to a trial by jury.
If you have any questions concerning this Agreement, you may contact Havok at www.projectanarchy.com or www.havok.com.
Additional License Terms for Third Party Software
These additional software license terms (the “Additional License Terms”) are applicable to the use of third party software as identified below (“Third Party Software”) and integrated with Havok’s Vision Engine for Project Anarchy. The Third Party Software is not owned or developed by Havok but is offered as an optional download in connection with Project Anarchy, provided you agree to the terms and conditions of these Additional License Terms. If you do not agree to these Additional License Terms you may not download, install or otherwise use the Third Party Software.
The following terms apply to Licensee’s use of the Third Party Software listed above. These terms are in addition to those contained in the above End User License Agreement between you and Havok (“Main Agreement”) and, to the extent that there is a conflict between the terms of these Additional License Terms and the terms of the Main Agreement, the terms of these Additional License Terms shall prevail in respect of the relevant Third Party Software. Third Party Software is incorporated into the definition of the Havok Technology as used in the Main Agreement unless otherwise indicated.
1. Certain Definitions. In addition to those terms defined in the Main Agreement, the definitions below apply for the purpose of these Additional License Terms:
1.1 “Autodesk” means Autodesk, Inc., a Delaware corporation, located at 111 McInnis Parkway, San Rafael, CA 94903.
1.2 “Autodesk Materials” means the Autodesk Software, associated documentation and the associated Integration included in the Integrated Product.
1.3 “Firelight Technologies” means Firelight Technologies Pty., Ltd., a Victoria corporation, located at Level 10, 2-26 Elizabeth Street, Melbourne 3000, Victoria, Australia.
1.4 “FMOD Software” means the software code for the FMOD Ex Sound System from Firelight Technologies that is integrated into Havok’s Vision Engine for Project Anarchy. Except where explicit references are made herein to Autodesk, the FMOD Software will be deemed to be Third Party Software for the purposes of this Agreement.
1.5 “Integration” means the integration between the Third Party Software (i.e., FMOD software and/or Autodesk software) and the Havok Technology referred to as Project Anarchy and/or the Vision Engine.
1.6 “Integrated Product” means the Third Party Software in binary form and Third Party Software documentation, integrated with the then-current version of the Vision Engine for use on the Licensee Platform.
1.7 “Licensed Source Code” means the source code (i.e., software in human readable form (excluding header files) which cannot be executed by a processor unless it is compiled into binary form) or any portions thereof, of the Autodesk Software portion of the Third Party Software which may be made available by Havok to Licensee at Havok’s sole discretion.
1.8 “Materials” means Autodesk Materials, Licensed Source Code (if any), and any materials or documentation provided with the FMOD software or any other Third Party Software.
1.9 “Autodesk Software” means the software code for Autodesk Scaleform and/or Autodesk Beast, that is integrated into Havok’s Vision Engine for Project Anarchy. Except where specific references are made to Firelight Technologies, the Autodesk Software will be deemed to Third Party Software for the purposes of this Agreement.
2. Restrictions and Confidentiality.
2.1 Licensee may not incorporate any part of Materials into a product to be sold or licensed as a development tool;
2.2 Licensee may not use the Third Party Software other than in conjunction and as integrated with Havok’s Vision engine.
2.3 Licensee may not copy Materials except: (a) to read the Integrated Product from the media into the memory of a computer for the purpose of executing it on a single machine (whether a standalone computer or a workstation component of a multi-terminal system); or (b) to create an archival copy.
2.4 Licensee shall notify its employees with access to Materials of the restrictions in the Main Agreement and the terms of these Additional License Terms, and ensure their compliance with Main Agreement and these terms.
2.5 Licensee will not disclose Materials to or discuss Licensed Source Code (if any) with any person, except Licensee employees and authorized Third Party Developers necessary to exercise the license. Licensee acknowledges: (a) Materials are trade secrets and confidential information of Autodesk, its licensors, and suppliers; (b) derivative works or modifications, adaptations, changes, additions, improvements to/of Materials, if any, created by Licensee are the sole and exclusive property of Autodesk, even if created at the Licensee’s request or with Licensee’s assistance, shall be considered part of Materials, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto, and are assigned to and owned by Autodesk. For the avoidance of doubt the foregoing shall not apply to the FMOD Software which is the property of Firelight Technologies, and any modifications or derivatives works thereof shall inure to the benefit of Firelight Technologies.
2.6 Licensee will ensure the Licensee Application will not in any way give access to any part of (a) Materials as part of the Integrated Product other than the object code; or (b) Licensed Source Code or other Third Party Software source code (if any is provided by Havok).
2.7 If Licensed Source Code is provided to Licensee, Licensee will: (a) store one physical copy in a locked container or drawer for backup purposes and one or more electronic copies on personal computers or servers, password protected, and located at the Licensee Site; (b) use, maintain or disclose Licensed Source Code only at Licensee Sites or to employees located in the following countries: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, South Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, Turkey, United Kingdom and United States; and (c) notify its employees with access to Licensed Source Code of the restrictions in the Main Agreement and these Additional License Terms and ensure their compliance with both.
3. Indemnity. Licensee will indemnify, defend and hold Autodesk and/or Firelight Technologies harmless from any and all third party claims, damages, losses, liabilities, costs and expenses arising out of or in connection with a title/application and the combination of the Third Party Software with the Licensee Application. Autodesk and Firelight Technologies will each have the right at its sole option to participate in the defense and settlement at its own expense. Autodesk must approve the terms of any settlement that may suggest any culpability on Autodesk’s part or that impose any liability that licensee refuses to pay on behalf Autodesk. Firelight Technologies must approve the terms of any settlement that may suggest any culpability on Firelight Technologies’ part or that impose any liability that licensee refuses to pay on behalf Firelight Technologies.
4. Marketing. To the extent that rights are granted to Havok under the Main Agreement (per sections 6(d) of the Main Agreement) to use Licensee’s name, trademarks, trade names, logo, Licensee Application name, and/or screen shots or videos of the Licensee Application for advertising, promotion, and/or marketing purposes Licensee also hereby grants such rights to Autodesk, pursuant to the same restrictions as set forth in Section 6(d) of the Main Agreement.
5. Attribution. Users of the Third Party Software shall include the following copyright notices in their Licensee Application:
This software product includes Autodesk® Beast™ software and/or Autodesk® Scaleform® software & © 2011 Autodesk, Inc.
Additionally, if FMOD is used Licensee should use commercially reasonable effort to include the following notice in documentation or an onscreen format:
Uses FMOD Ex Sound System with permission from Firelight Technologies.
6. Termination. Upon termination of the Main Agreement or any applicable license granted thereunder, the right to exercise licenses to the Materials terminates. Licensee will promptly cease use of the Materials and return in ten (10) days, or (at Havok’s option) destroy, all electronic and physical copies of the Materials, however Licensee’s rights to use the Materials properly distributed by Licensee under the Main Agreement survive termination, unless otherwise terminated in accordance with the Main Agreement for breach of Autodesk’s or Firelight Technologies’ Intellectual Property Rights.
7. Third Party Beneficiary. Autodesk, Inc., is a third-party beneficiary to the extent the Main Agreement contains provisions which relate to Licensee’s use of Materials. Such provisions are for the benefit of Autodesk and enforceable by Autodesk, in addition to Havok.
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