Terms of use

Havok Group reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use. You agree to check with www.havok.com/terms-of-use periodically for new information and terms that govern your use of the Websites and Materials contained therein. Revisions to affecting existing services shall be effective thirty (30) days after posting, and Terms of Use for new services or Materials are effective immediately upon posting. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular Websites or Materials.

Links to Third Party Materials or Websites

Havok Group Websites may link to third party materials or websites. The linked materials or websites are independent from the Havok Group, and Havok Group has no control over the content or quality of information nor it is responsible for the content, privacy policies, or for the collection, use or disclosure of any information collected by any linked site or any link contained in a linked site. Any linked materials or websites remain the property of their respective owners. If you wish to use such materials you must obtain permission from such third parties. Havok Group reserves the right to terminate any link or linking program at any time. Havok Group does not endorse companies or products to which it links. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.

Havok Group Products

Products

Any Materials consisting of Havok Group assets, content, or software made available to use or download from the Websites (the “Products”) are the copyrighted works of Havok Group and/or its licensors or suppliers, regardless of whether or not a fee is charged for such download or use. Use of the Products is governed by the terms of the license agreement which accompanies or is included with the Products (the “License Agreement”) or if no such License Agreement exists then by these Terms of Use. You are not authorized to download or install any Products that are accompanied by or include a License Agreement, unless you also agree the License Agreement terms. The Products that are made available for download are solely for use by end users according to the applicable License Agreement. Any reproduction or redistribution of the Products not in accordance with the applicable License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. To the extent that the Products consist of software or digital assets, such Products are licensed and not sold. Havok Group and/or its licensors or suppliers will at all times remain the owner of such Products.

Documents

Permission to use Havok Group owned white papers, press releases, datasheets, specification documents, FAQs etc., (“Documents”) from the Websites is granted, provided that (1) you do not remove or alter any copyright or other proprietary notice, (2) use of such Documents from the Websites is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Documents specified above do not include the design or layout of the Websites. Elements of the Websites are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the Websites may be copied or retransmitted unless expressly permitted by Havok Group. You agree not to remove, obscure, or alter copyright, patent, trademark or other proprietary notices affixed to the Products or other Materials.

Limitations

NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED IN THE WEBSITES, PRODUCTS OR OTHER MATERIALS, EXCEPT AS PROVIDED IN HAVOK GROUP’S LICENSE AGREEMENT FOR PRODUCTS. HAVOK GROUP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE PRODUCTS OR THE INFORMATION CONTAINED IN THE DOCUMENTS OR THE WEBSITE FOR ANY PURPOSE.

Use of Havok Group Products

Havok Group Products are not intended for use in medical, life-saving, life sustaining applications. Unless otherwise agreed in writing by Havok group, the Havok group products are not designed nor intended for any application in which the failure of the Havok group Product could create a situation where personal injury or death may occur.

Changes to Specifications

Havok Group may make improvements and/or changes to specifications and Products, Documents, or services in its Websites at any time, without notice.

Unsolicited Idea Submissions

Havok Group does not accept or consider unsolicited ideas, including ideas for games, advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names. The sole purpose of this policy is to avoid potential misunderstandings or disputes if Havok Group’s products or marketing strategies seem similar to ideas submitted to Havok Group. Please do not send your unsolicited ideas, artwork, samples, demos or other works to Havok Group or anyone at Havok Group. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Havok Group makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Third Party Content and User Submissions

Websites and Materials may contain third party or user generated, submitted or provided content, including without limitation, user participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, graphics, art, software, code, data, text, video, audio, text, opinions, or descriptions (collectively the “Third Party Content”). You may not upload or post any Third Party Content on the Websites that is confidential, proprietary, or protected by copyright, trademark, rights of privacy or publicity, or other intellectual property rights unless (i) you are the owner of all those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of the Third Party Content. Havok Group does not make any assurances with regard to the accuracy of the results or output that derive from use of any Third Party Content, tools or utilities. Please respect the intellectual property rights of others when using the Third Party Content made available on the Website services or in connection with Havok Group Products.

Non-Endorsement & Removal of Third Party Content

Havok Group does not moderate or pre-screen, endorse any Third Party Content or any opinion, recommendation, or advice expressed therein, and Havok Group expressly disclaims any and all liability in connection with Third Party Content submissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Havok Group is under no obligation to post or use any Third Party Content submitted. Havok Group retains the right, at Havok Group’s sole discretion, to refuse, or remove any Third Party Content from its Website or Materials that violates these Terms of Use or to remove, block, edit, move or disable Third Party Content that is objectionable to us for any reason without notice. The decision to remove Third Party Content at any time is in Havok Group’s sole and final discretion. Havok Group does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and Havok Group will remove Third Party Content if properly notified that such submission infringes on another’s intellectual property Rights in accordance with the DMCA provisions set forth below.

Ownership

Havok Group does not claim ownership of any Third Party Content submitted, posted, transmitted, made available or displayed on, or through, the Websites or Materials. Unless otherwise agreed to in writing signed by an authorized Havok Group representative, there is no compensation for Third Party Content, and any Third Party Content, information or other communication you transmit or post to the Websites will be considered non-confidential and non-proprietary.

License to Havok

Unless otherwise explicitly specified on the Websites in connection with the specific Materials you are using, by posting, displaying, uploading, inputting, providing or submitting Third Party Content you grant Havok Group a perpetual, irrevocable worldwide, royalty-free, non-exclusive, and fully sub-licensable license to use, quote, re-post, distribute, reproduce, modify, adapt, publish, translate, syndicate, license, create derivative works from, print, sublicense, transmit, broadcast, otherwise communicate, publicly perform and publicly display the Third Party Content (in whole or in part), in any manner or form and in any medium or forum, whether now known or hereinafter devised, without notice, payment, or attribution of any kind to you or any third party; and to incorporate such Third Party Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including without limitation in future services or products offered by Havok Group.

Warranties and Representations

By posting or submitting Third Party Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Third Party Content. To the extent that the Third Party Content submitted contains images, photographs, pictures or graphical representations in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Materials; (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.

Under no circumstances will Havok Group be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions, or damages of any kind. ANY THIRD PARTY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH THIRD PARTY CONTENT. By your use you agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content, including any reliance on the accuracy, completeness, or usefulness of such content.

DMCA Copyright Infringement Claim

Infringement Notification Procedure

Havok Group will respond to allegations for copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. If you are a copyright owner or an agent thereof and believe that any posting or other content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing Havok Group’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Havok Group’s Copyright Agent designated to receive notifications of claimed infringement is: Attn: Legal Dept., 49 Stevenson St., 11^th Floor, San Francisco, CA 94105; Phone: (415) 543-4620; Email: notices@havok.com For clarity, only DMCA notices should go to the Copyright Agent. All other feedback, comments, or questions should be directed to Havok Group’s customer support at www.havok.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter–Notice

If you have had a posting removed under the above take-down procedure, and you believe that the posting is not infringing, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent the jurisdiction of the federal and state courts within the jurisdiction of Wilmington, Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter–notice is received by the Copyright Agent, Havok Group may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Havok Group’s sole discretion.

Code of Conduct

You are responsible for your behavior when using the Websites, including the posting or uploading of any User Generated Content. The following provisions set out a code of conduct by which you must abide if you want to use the Websites. Violation may result in suspension or termination of your account and access to certain Materials. Havok Group reserves the right to take any action it deems appropriate to enforce these provisions.

Forums and other public areas of the Websites

Please be aware that information you post on forums and other public areas of the Websites is not private. Do not post personal information. Your user name and password are only required when logging on to the Websites. Havok Group will never ask you for your personal details, user name or passwords via public forums or email.

Code of Conduct

In using the Websites or accessing any Material, you may not do any of the following:

Use the Websites or Materials for any purpose that is unlawful or intentionally or unintentionally violates any applicable local, state, national statues, laws, regulations or international treaties, including without limitation promoting or encouraging hacking, cracking, or distribution of counterfeit software;
Upload, post, email, transmit, promote, distribute, or otherwise make available or facilitate the distribution of any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexually explicit, obscene, libellous, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. Hate speech is not tolerated;
Use the Websites, Materials, services or activities to threaten, stalk, embarrass, harass, harm or do anything else to another user that is unwanted, including without limitation repeatedly sending unwanted messages, or making personal attacks or statements about race, sexual orientation, religion, heritage or the like, or positing or communicating any user’s real-world personal information;
Upload, post, email, transmit or otherwise make available any content that (i) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites without prior written permission from the content owner to do so;
Upload, post, email, transmit or otherwise make available (i) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (ii) any material that contains software viruses or any other malicious computer code or executable, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempt to gain unauthorized access to any Website or Material, other accounts, computer systems or networks connected to any Havok Group server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Materials;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or Materials;
Impersonate any person or entity, including, but not limited to, a Havok Group official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
Disrupt the flow of discussion in chat rooms or forums through vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, spamming, or flooding [posting repetitive text]; and/or
Use the Website or Materials in any manner that could damage, disable, overburden, or impair any Havok Group server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or Materials or interfere with any other party’s use and enjoyment of the Websites or Materials.

Specific services may also post additional rules that apply to your conduct on those services or while using those Materials. Any additional rules will be deemed to be incorporated into these Terms of Use, and violation of those additional rules will be a violation of these Terms of Use. Unless otherwise specified, there is no requirement or expectation that Havok Group monitor, moderate, or record any online activity on the Websites, including communications. However, Havok Group reserves the right to monitor and/or record any online activity on the Websites and you give Havok Group your express consent to monitor and record your activities therein. Havok Group reserves the right to remove any content from the Websites at Havok Group’s sole discretion. Havok Group has no liability for your or any third party’s violation of these Terms of Use.

Accounts

Creation of an Account: Creation of an account may be required to access and use some Materials on certain Havok Group Websties. To create an account, you must be at least eighteen (18) years of age or have otherwise reached the age of majority in the jurisdiction in which you reside, and have a valid email address. Some Materials may require creation of a “user name” or a “persona”. User names and personas are tied to your account. You may not create multiple accounts or provide false information about yourself to Havok Group. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates these Terms of Use. You are solely responsible for maintaining the confidentiality of your password and for all activity on your account. Your account may be terminated if someone else uses it to engage in activity that violates these Terms of Use or is otherwise improper or illegal.

Termination or limitation of Accounts

You must also obey the above Code of Conduct and all national, federal, state, and local laws, statutes and regulations that apply to your activities when you use the Websites and Materials. Havok Group reserves the right to terminate your account and to prevent your use of any and all Materials for improper or illegal use of your account, the Materials, or Havok Group’s intellectual property, or other violation of these Terms of Use. You may lose your user name(s) and persona(s) as a result of account termination. In response to a violation of these Terms of Use (including any other agreement applicable to Havok Group Materials accessed by you), Havok Group may issue you a warning; suspend your account; selectively remove, revoke, or limit access to Materials associated with your account; or immediately terminate your account. You acknowledge that Havok Group is not required to provide you notice before suspending, terminating or limiting your account, or your access to Materials. If Havok Group terminates your account, you may not use the areas of the Websites or Materials again that require an account to access without Havok Group’s express permission. Havok Group reserves the right to refuse to keep accounts for, and provide Materials to, any individual. You may not allow individuals whose accounts have been terminated by Havok Group to use your account. In addition to suspension or termination of user accounts, Havok Group reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. If your account, and/or if any Materials accessible by you are selectively removed, revoked or limited from your Account, no refund of fees (if any) will be granted; no points, tokens, credits other digital items (if any) will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or content associated with your account or the associated Materials.

Review of Account Information and Cancellation of Accounts

You have the right to review and modify the information that Havok Group collects from you in connection with your account, and to cancel your account any time. If you do not agree to the terms in these Terms of Use, your sole remedy is to not use the Websites or Materials and to cancel your account. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Havok Group, including any dispute related to, or arising out of: (1) any term or condition of these Terms of Use or Havok Group’s enforcement or application of these Terms of Use; (2) the Materials available through Havok Group’s Websites or any change in Materials or content provided through Havok Group’s Websites; (3) your ability to access and/or use the Havok Group’s Websites and/or any Materials therein; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Havok Group Materials including without limitation any services or content therein. Havok Group reserves the right to collect fees, surcharges, or costs incurred (if any) before you cancel your account. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Havok Group must be settled before you establish a new account.

Online Store

Products

Certain Websites enable online purchases or licenses through download or via an asset store or similar mechanism. Any Havok Group Products made available to download from the Websites are subject to the terms and conditions set forth above (Havok Group Products). Any general terms of purchase or sale by the buyer are explicitly rejected and will not apply to any license or purchase of Products from Havok Group. Any deviations from the License Agreement will only be binding if the relevant Havok Group company acknowledges them and confirms those deviations in writing.

Pricing and Delivery

Information, data and prices on the Websites, in ads, brochures, catalogs and other publications are non-binding and subject to change. With the publication of any new prices on the Websites all previously published prices are invalid. A contract between the Havok Group seller and the buyer is only final with a written order confirmation through the Havok Group seller (e-mail is sufficient), or with the start of fulfilling the order (shipment or delivery). Changes or additions will only be recognized and are only valid if the seller confirms them in writing (letter) or electronically (email). Binding delivery dates will only be valid after written (incl. email) request by buyer and confirmation by Havok Group seller. The delivery time can be extended due to work stoppage (e.g. strike), official regulations (e.g. import/export restrictions) or other events beyond the control of Havok Group. After setting an appropriate extension deadline, the buyer has the right to cancel the order if the Havok Group seller still does not bring about delivery of the ordered products. Further claims cannot be brought against the seller unless malicious intent or gross negligence on part of the Havok Group seller are proven. Normally all Havok Group products are available for immediate shipment. Should one or more of the ordered Products not be available for immediate shipment, or if the Products have been discontinued, then the buyer will be informed about this without undue delay. If the buyer chooses the Download as the mode of delivery, the seller will make the digital media files available for download from its server.

Return of Products

Notice of non–acceptance and mailed return shipment has to be given to Havok Group within ten (10) days of order date. The risk form damage or loss of returning the Products lies with the buyer. As far as the delivered goods correspond with Product titles ordered, the buyer will pay for the return shipment. The buyer will make sure the Products are properly and adequately protected during return shipment. If the buyer has received the product by download, then in case of a return of Products the buyer must immediately and permanently delete all files that were received.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF HAVOK GROUP PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH PRODUCTS. THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Notices and Disclosures

The Materials and Havok Group Websites are provided by Havok Group to its customers and are for informational purposes only. Havok makes no warranties as to the accuracy or currency of the information or products contained on this web site. Havok makes no representations, warranties or undertakings that this website will be free from defects, including, but not limited to viruses or other harmful elements. This website may contain inaccuracies or typographical errors.

You expressly agree that:

YOUR USE OF THE WEBSITES AND MATERIALS IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ANY PRODUCTS, DOCUMENTS, OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
UNLESS OTHERWISE EXPLICITLY PROVIDED FOR IN A LICENSE AGREEMENT APPLICABLE TO SUCH PRODUCTS, HAVOK GROUP ASSUMES NO LIABILITY WHATSOEVER, AND HAVOK GROUP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, RELATING TO LICENSE, SALE AND/OR USE OF HAVOK GROUP PRODUCTS, MATERIALS, DOCUMENTS OR SERVICES INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT.
IN NO EVENT SHALL HAVOK GROUP AND/OR THEIR RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES OR DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR DATA) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE, PERFORMANCE, OR INABILITY TO USE THE WEBSITES, OR PRODUCTS, DOCUMENTS OR OTHER MATERIALS OR THIRD PARTY CONTENT AVAILABLE FROM THE WEBSITES; (II) AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION OR MATERIALS ON THE WEBSITES; (III) ANY CHANGES HAVOK GROUP MAY MAKE TO THE PRODUCTS, MATERIALS, SERVICES, OR WEBSITES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITES (OR ANY FEATURES OR MATERIALS WITHIN THE WEBSITES); OR (IV) IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THESE LIMITATIONS ON HAVOK GROUP’S LIABILITY SHALL APPLY WHETHER OR NOT HAVOK GROUP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Havok Group and its officers, agents, employees, partners and licensors and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) any Third Party Content or content you submit, post, transmit or otherwise make available through the Websites or Materials, (ii) your use of the Websites or Materials, (iii) your connection to the Websites or Materials, (iv) your violation of these Terms of Use, or (v) your violation of any Rights of another.

Export Control Laws; Government Rights

The Products or other Materials may be subject to export controls of the United States, EU or other jurisdictions. By using the Materials, you warrant that you are not located in, under the control of, or a national or resident of any country to which an international embargo applies, including 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.

Furthermore, you may not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States or any other government as a foreign terrorist organization.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Materials subject to restrictions under such laws to a national designation prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Websites any data or software that cannot be exported without prior written government authorization, including but not limited to, certain types of encryption software.

Government Restricted Rights

The Materials including any Havok Group software are commercial software or otherwise provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Havok Group’s proprietary rights in them.

General

Translations

Where Havok Group has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Havok Group. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.

Accuracy and Completeness

Havok Group does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Websites or Materials.

Availability

Havok Group does not guarantee that any Materials or Websites will be available at all times or at any given time or that Havok Group will continue to offer particular Materials or services for any specific length of time. We reserve the right to change and update Websites, Materials and services without notice to you.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Havok Group regarding the subject matter hereof and govern your use of the Websites and Materials. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software.

Governing Law

The Terms of Use and the relationship between you and Havok Group shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Wilmington, Delaware.

Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the extent allowable, and the other provisions of the Terms of Use remain in full force and effect.

Waiver

The failure of Havok Group to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provisions of these Terms of Use will be effective only if in writing signed by an authorized Havok Group representative.

Headings

The name of this Agreement and any headings or captions of the sections of this Agreement are for convenience only and do not define, limit or expand the scope or intent of any provision hereof and will not be of any effect in construing the meanings of the sections and subsections. The use of the singular or plural form shall include the other form and use of the masculine, feminine, or neuter gender shall include the other genders. Furthermore, the words “herein”, “hereunder”, a “hereof” and similar terms refer to this entire Agreement and shall not be limited to the specific section in which they are used. Special Notice to California Residents: Pursuant to Cal. Civil Code § 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

Service Provider

The Websites and Materials are provided by Havok Group. We can be contacted at 49 Stevenson Street, 11^th Floor, San Francisco, CA 94105. Notices@havok.com

Terms of Use version 07042015

Havok® Group Terms of Use

Contents of these Terms of Use

Havok Group of Companies

Scope of These Terms of Use

Privacy

Changes and Updates

Terms of Use

Links to Third Party Materials or Websites

Havok Group Products

Products

Documents

Limitations

Use of Havok Group Products

Changes to Specifications

Unsolicited Idea Submissions

Third Party Content and User Submissions

Non-Endorsement & Removal of Third Party Content

Ownership

License to Havok

Warranties and Representations

DMCA Copyright Infringement Claim

Infringement Notification Procedure

Counter–Notice

Code of Conduct

Forums and other public areas of the Websites

Code of Conduct

Accounts

Termination or limitation of Accounts

Review of Account Information and Cancellation of Accounts

Online Store

Products

Pricing and Delivery

Return of Products

Notices and Disclosures

Indemnification

Export Control Laws; Government Rights

Government Restricted Rights

General

Translations

Accuracy and Completeness

Availability

Entire Agreement

Governing Law

Severability

Waiver

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