Legal question
Hello,
I'm software engineering student and I am new in this forum, by my study, I don't have much time to use Havok...
while reading the Havok's licence agreement found here: http://tryhavok.intel.com/terms.php?file_type=1 I got this question:
Do I have to delete any copy of Havok software on my own and / or request a new copy of the software after six month after accepting the licence in order to keep in legal? [According to numeral 9 and literal b - numeral 13]
As I said before I don't have much time available to use Havok. In addition, for me game-making is a hobby I take seriusly, so evaluating risks, my develop may take about one year due my lack of knowledge about the incoming semester work. Even if my develop takes shorter, I thought it was a good question to post, also I didn't find clue about it in this forum (![]() ![]() perhaps I didn't browse them properly).
Thanks
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Re: Legal question
Form Havok license agreement:
"
3. LICENSE
- 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, 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.
- 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:
- 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;
- 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 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;
- 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
- 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.
- 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.
- 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.
- 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.
"
"
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").
"
"
13. TERMINATION
b. Upon termination of this Agreement and of the
license granted hereunder, Licensee shall cease any further use of the
Product, and m
ust destroy all copies of the Software and Documentation,
in any form, in Licensee's possession or control. " I am from Colombia, I have years working on game-making independently, I have only done small local releases, I work for windows with:
Video: OpenGL / DirectX 9, Sound: OpenAl / WinMM, Input: WinMM + User32 And I want to add Havok to my tools, my intention is to develop a comercial demo game to attract support and patronage.
My observation: while my develop I can't fit to a commercial license until I have a product ready, and this may take more than 6 months. In addition, I will pay only when propduct is ready and before selling / shipping, because I have no patronage, I can't even pay a dollar if it is not in cash (and that would be colombian pesos). Can you help me now?
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Re: Legal question
Theraot:
That copy/paste above is confusing as the numbering/lettering have been rebased by some word-processors.
For reference, I have put a plain text version below.
You should see here that, subject to accepting the agreement, you can work on games perpetually per 3B and sell them commercially.
3. LICENSE
...
(b) 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:
(i) 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;
(ii) 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;
(iii) 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
(iv) 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.
(v) 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.
So from what you say, you should be fine
Jeff
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Re: Legal question
 yatesjdy:...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
Integral and non-separable? So statically linking Havok with my game is ok, but dynamically linking is illegal, or both are fine? I'm asking, cause I can't statically link Havok, due to other dependencies.
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Re: Legal question
Hi Zbychs:
Unfortunatly Dynamic linking is not allowed under this agreement.
Maybe if you could explain a bit more about the situation you are facing we can help.
Jeff
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Re: Legal question
I'm making a mixed assembly (C++/CLI and C#) and /clr compiler switch requires Debug Multithreaded DLL standard libraries. Havok debug_multithreaded libs are compiled with Debug Multithreaded Static libs, so the linker complains.
Ignoring static default libraries when linking with Havok (/NODEFAULTLIB:libc.lib /NODEFAULTLIB:libcmt.lib /NODEFAULTLIB:msvcrt.lib /NODEFAULTLIB:libcd.lib /NODEFAULTLIB:libcmtd.lib) works, but I'm not really sure if this is a "supported" scenario. I hope so, because it seems to be the only way to hook Havok and C#.
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Re: Legal question
What exactly does the linker complain about? Are you trying compile a dll version of the Havok libraries, and are you going to be releasing your software with separate Havok dlls? Again, this does not sound like a supported scenario.
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