HAPTEK'S NON-COMMERCIAL GUIDE LICENSE


This License Agreement applies to the software product titled either "Haptek Small Development Kit" or "Haptek Guide" that you receive from Haptek Inc. (Haptek), by way of electronic delivery or by any other means. By accepting this agreement, you are bound to its terms even for products that are licensed to you at no monetary charge.


DEFINITIONS:
The following definitions are applicable to this agreement. "Product" refers to Haptek’s "Non-Commercial Small Development Kit" (SDK), including all source code, executables, images, documentation, sounds, and all other digital information contained therein, as well as any portion of the foregoing. "Use" consists of either loading the Product into computer memory or running it in a CPU, or transferring contents of the product to another media. "Install" means to copy the software to a hard disk drive or any other storage medium. "Licensee" means You, the user of the Product. "Licensor" means Haptek, Inc. "Non-Commercial" means not related to the generation or development of money, whether directly or indirectly. For example, using the Product as a free portion of a web site that collects revenues from banner-ads would NOT qualify as non-commercial.


Please note that Haptek’s VirtualFriend software is included in the Product, and is further subject to another license agreement, which is also included in the Product.


LICENSE GRANT: LICENSEE does not receive title to the Product. Haptek hereby grants LICENSEE a non-exclusive license to use the Product for Non-Commercial use, but subject to the following conditions:


- LICENSEE will not redistribute in any way the Product or portions of the Product except for the following reasons:
1. For data to be sent directly to Haptek software over the Internet
2. For JAVASCRIPT software being sent to a web browser


- LICENSEE is expressly forbidden to redistribute the VirtualFriend software portion of the Product. That software must be obtained from Haptek or other explicitly licensed redistributors of that software.


- COMMUNICATION OF LICENSE AGREEMENT: LICENSEE agrees to communicate the terms and restrictions contained in this Licensee Agreement to all persons under his or her employment, direction, or control.


- DISCLAIMER OF WARRANTY: The Product is licensed on an "as is" basis, without warranty of any kind, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the Product is borne by the LICENSEE. Should the Product prove defective, the LICENSEE and not Haptek assume the entire cost of any service and repair. This Disclaimer of Warranty constitutes an essential part of the License Agreement.



- SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.


- LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL HAPTEK OR ITS SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.


- IN NO EVENT WILL HAPTEK BE LIABLE FOR ANY DAMAGES IN EXCESS OF HAPTEK'S LIST PRICE LICENSE FEE FOR THE SOFTWARE, IF ANY, EVEN IF HAPTEK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.


- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.


- LICENSEE claims all responsibility for the use of the Product.


- LICENSEE MAY NOT modify, translate, reverse engineer, decompile, or disassemble the Product (except to the extent applicable laws prohibit such restriction)


- TITLE: Title, ownership rights, and intellectual property rights in and to the Product shall remain in Haptek and/or its licensors or suppliers. Copyright laws of the United States and international copyright treaties protect the Product. If the LICENSEE receives a first copy of the Product electronically, and a second copy on media, then the second copy may be used for archival purposes only. Title, ownership rights, and intellectual property rights in and to the content accessed through the Product are the property of the applicable content owner, and may be protected by copyright or other applicable law. This License gives the LICENSEE no rights to such content.


- LICENSEE will only use this package appropriately. Appropriate use includes:


1. Building and deploying strictly Non-Commercial VirtualFriend web pages.
2. Building strictly Non-Commercial VirtualFriend applications.
3. Promotion of Haptek technology with WRITTEN permission from Haptek.


- LICENSEE will not modify any portion of the Product without EXPRESS WRITTEN PERMISSION FROM HAPTEK


- LICENSEE must give prominent credit to Haptek as part of any use of the Product.


- LICENSEE must notify Haptek of use of the Product. (This may be satisfied during download or installation of the Product).


- TERMINATION: This License will terminate automatically if you fail to comply with the limitations described in this Agreement. On termination, you must destroy all copies of the Product.


- MISCELLANEOUS: This Agreement together with the VirtualFriend software license represent the complete agreement concerning this license between the parties and supersede all prior agreements and representations between the parties. This Agreement may be amended only in writing executed by both parties.



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. This Agreement shall be governed by and construed under California law as such applies to agreements between California residents entered into and performed within California, except as governed by United States Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.


U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication, or disclosure by or for the U.S. Government is subject to restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19, as applicable.



To use this software in a commercial manner requires a different license, which must be negotiated with Haptek.


HAPTEK, INC
931 PACIFIC AVE.
SANTA CRUZ, CALIFORNIA 95060
USA


HTTP://WWW.HAPTEK.COM