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SIXENSE FOR GAMING SOFTWARE DEVELOPMENT KIT ("SDK")
IMPORTANT - PLEASE READ THIS SDK LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE INSTALLING THE SDK. BY CLICKING ON THE "YES" BUTTON BELOW, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LEGAL AND BINDING AGREEMENT, AND CONSENT TO BE BOUND BY SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND THE APPLICATION WILL IMMEDIATELY TERMINATE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SDK. USING ANY PART OF THE SDK INDICATES THAT YOU ACCEPT THESE TERMS.
This Agreement is entered into between you (hereinafter "Developer") and Sixense Entertainment, Inc., a Delaware Corporation having its principal place of business at 475 Alberto Way, Suite #130 Los Gatos, CA, 95032 ("Sixense").
DEFINITIONS
a. An "End-User Product" is software designed for gaming (and for no other purpose) which (i) contains Embedded Code, and (ii) operates with a Permitted Peripheral Device.
b. A "Permitted Peripheral Device" is peripheral devices or other user interface devices, including but not limited to a joystick, wheel, gamepad and/or mouse, incorporating (i) technology licensed from Sixense and (ii) supported by the Licensed Software.
c. The "Licensed Software" is the SDK which may be used with a Permitted Peripheral Device to enable six degrees of freedom tracking controls and to integrate such controls into products developed by Developer, and which consists of binary code, certain header files and sample files which Sixense may provide in source code format, demonstration applications, and associated documentation.
d. The "Embedded Code" is code that is incorporated into or modified within a product developed by Developer in whole or in part through the use of the Licensed Software by Developer, or as a result of the copying or duplication by Developer of code created by a third party in whole or in part through the use of the Licensed Software.
e. A "Publisher" causes the End-User Product to be reproduced and distributed to end-users, whether directly or indirectly, via the Internet or otherwise. A Publisher may also be the Developer, or may have retained Developer to create the End-User Product.
LICENSE: Sixense grants Developer a non-exclusive, non-transferable, worldwide license solely (and for no other purpose) to (i) download and use one (1) copy of the Licensed Software to create End-User Product(s); (ii) use, reproduce, publicly display, promote, publish and distribute End-User Product(s) over the Internet or otherwise; and (iii) sublicense Publisher(s) to publicly display, promote, publish and distribute End-User Product(s) over the Internet or otherwise, subject to and in compliance with the terms of this Agreement.
Developer has no right to, and agrees not to, display, perform, copy, distribute, license or sub-license copies of the Licensed Software or the Embedded Code except as a part of or within an End-User Product.
Developer's use of the Licensed Software is subject to the following additional terms:
a. Developer may use the Licensed Software only on a single computer workstation;
b. Developer may make one (1) backup copy of the Licensed Software in machine-readable form solely for backup purposes;
c. Developer must include all copyright notices and any other proprietary rights notices appearing on the Licensed Software on any copies that Developer makes and must also include the following copyright notice within Developer's source code and in the location of Developer's own copyright notice: "Portions copyright (c) 2011 Sixense Corporation. All rights reserved."
d. Developer shall not make, distribute, rent or otherwise provide access to copies of the Licensed Software, except as permitted above, and shall not electronically transfer the Licensed Software over a network;
e. Developer agrees not to use Licensed Software, Derivatives or Confidential Information, as defined below, to design or develop, in whole or in part, any product other than an End-User Product. Examples of unauthorized use include, but are not limited to: (i) supporting a third-party peripheral device not developed by, or contractually affiliated with, Sixense; and/or (ii) creating software substantially similar to the Licensed Technology for any purpose other than the development of an End-User Product.
f. ANY SUBLICENSE BY DEVELOPER TO A PUBLISHER(S) OF SOFTWARE LICENSED OR CREATED UNDER THIS AGREEMENT SHALL BE PURSUANT TO A SUBLICENSE AGREEMENT WITH SUCH PUBLISHER(S) WHICH SHALL CONTAIN ALL OF THE RESTRICTIONS IMPOSED UPON DEVELOPER BY THIS AGREEMENT, AND WHICH SHALL REQUIRE SUCH PUBLISHER(S) TO AGREE TO BE BOUND BY ALL SUCH TERMS PRIOR TO SUCH SUBLICENSES BECOMING EFFECTIVE. IN ADDITION, EACH SUCH SUBLICENSE AGREEMENT SHALL SPECIFY THAT SIXENSE IS A THIRD PARTY BENEFICIARY OF THE SUBLICENSE AGREEMENT, AND SHALL INCLUDE SIXENSE'S ADDRESS, AS SET FORTH ABOVE.
g. Developer will grant, and hereby grants, to Company a royalty-free license to any improvement, derivative or enhancement (“Derivatives”) to the Licensed Software or Embedded Code made by Developer.
LIMITED RIGHTS: The foregoing license gives Developer limited rights to use the Licensed Software. Sixense retains all title to, and ownership in, the Licensed Software, and all copies thereof. Except as explicitly set forth above, (i) Developer is not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing and signed by both parties), distribute or sublicense the Licensed Software or to use the Licensed Software in a time-sharing arrangement or in any other unauthorized manner; (ii) no license is granted to Developer in the human readable code of the Licensed Software (source code); and (iii) this License Agreement does not grant Developer any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Licensed Software, including, without limitation, any rights to any updates, enhancements, corrections or new versions of the Licensed Software, or any rights to practice under any Sixense patents or any patents licensed by Sixense. If Developer wishes to obtain any updates, enhancements, corrections and new versions of the Licensed Software, Developer may contact Sixense for a license to such software. If Developer wishes to obtain a license under any Sixense patents, it may contact Sixense for that purpose as well.
TRANSFER AND ASSIGNMENT: Developer may transfer the Licensed Software and this License Agreement to another party if the other party agrees in writing to accept the terms and conditions of this License Agreement. If Developer transfers the Licensed Software, Developer must at the same time either transfer all copies of the Licensed Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Any transfer or assignment of the Licensed Software not in accordance with the terms of this Agreement shall be void.
TRADE SECRETS; NO REVERSE ENGINEERING: Developer acknowledges that Licensed Software, including but not limited to the structure, sequence and organization, are the valuable trade secrets of Sixense and its licensors, as well as any other information disclosed by Sixense to Developer under this Agreement, and together constitute valuable confidential and proprietary information (collectively “Confidential Information”). Confidential Information may not be disclosed, except as expressly permitted under this Agreement. Accordingly, Developer agrees that he/she will not modify, reverse engineer, reverse compile or disassemble the Licensed Software. Breach of this provision by Developer will result in an automatic termination of the license granted to Developer hereunder. If Developer is a European Union ("EU") resident, information necessary to achieve interoperability of the Licensed Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to Developer from Sixense upon written request.
EXPORT RESTRICTIONS: Developer agrees that Developer will not export or re-export the Licensed Software or accompanying documentation (or any copies thereof) or any products utilizing the Licensed Software or such documentation in violation of any applicable laws or regulations of the United States or the country in which Developer obtained the Licensed Software.
TITLE: Developer acknowledges and agrees that ownership of, and title to, the Licensed Software and all subsequent copies thereof, as well as any Derivatives, regardless of the form or media are held by Sixense.
UNITED STATES GOVERNMENT LEGEND: The Licensed Software is commercial in nature and developed solely at private expense. The Licensed Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement, which is Sixense's standard commercial license for the Licensed Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
TERM AND TERMINATION: Without prejudice to any other rights, Sixense may terminate this License Agreement if Developer fails to comply with the terms and conditions of this License Agreement and/or in its sole discretion, without cause. Upon such termination Developer agrees to destroy the Licensed Software and documentation, together with all copies and merged portions in any form. Additionally, Sixense reserves the right to discontinue offering the Licensed Software at any time in its sole discretion. You acknowledge and agree that the form and nature of the Licensed Software and the terms of this Agreement may change from time to time without prior notice to you. You understand and agree that if you use the Licensed Software after the date on which these terms have changed, your use is acceptance of the updated terms.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, excluding (i) that body of law known as conflicts of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods (1980). The parties hereby consent and submit to the exclusive jurisdiction of the state and federal courts located in the Northern District of California with respect to any disputes arising under or in connection with this Agreement. Each party hereby waives any right that it might otherwise have to object to such venue or seek dismissal of the action on the basis of forum non conveniens.
INDEMNIFICATION: Developer shall indemnify and hold Sixense harmless from and against any and all losses, damages, liability, reasonable attorneys', expert witness, or court fees and costs, and any other reasonable costs and expenses arising from any third party claims against Sixense relating to the display, promotion, performance and/or content of End-User Product(s).
DISCLAIMER OF WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY SIXENSE. SIXENSE MAKES NO WARRANTY OR REPRESENTATION THAT ITS LICENSED SOFTWARE PRODUCTS WILL MEET DEVELOPER'S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR APPLICATIONS SOFTWARE PRODUCTS PROVIDED BY THIRD PARTIES, THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED. IF SUCH A DISCLAIMER IS NOT ALLOWED UNDER APPLICABLE LAW, SIXENSE LIMITS SUCH WARRANTIES TO NINETY (90) DAYS FROM THE DATE DEVELOPER INSTALLED THE LICENSED SOFTWARE ON DEVELOPER'S COMPUTER, AND SIXENSE'S SOLE OBLIGATION WITH RESPECT TO THIS EXPRESS WARRANTY WILL BE TO REPLACE THE LICENSED SOFTWARE WITHIN THE NINETY (90) DAY PERIOD.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW SIXENSE ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE LICENSED SOFTWARE, EVEN IF SIXENSE OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT OF THE LICENSED SOFTWARE. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor. The headings used in this Agreement are for convenience only and shall not be considered part of the Agreement.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between Developer and Sixense, supersedes all prior agreements, whether written or oral, with respect to the Licensed Software and subject matter hereof, and may be amended only in a writing signed by both parties.
Developer hereby acknowledges that Developer has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
IMPORTANT - PLEASE READ THIS SDK LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE INSTALLING THE SDK. BY CLICKING ON THE "YES" BUTTON BELOW, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LEGAL AND BINDING AGREEMENT, AND CONSENT TO BE BOUND BY SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND THE APPLICATION WILL IMMEDIATELY TERMINATE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SDK. USING ANY PART OF THE SDK INDICATES THAT YOU ACCEPT THESE TERMS.
This Agreement is entered into between you (hereinafter "Developer") and Sixense Entertainment, Inc., a Delaware Corporation having its principal place of business at 475 Alberto Way, Suite #130 Los Gatos, CA, 95032 ("Sixense").
DEFINITIONS
a. An "End-User Product" is software designed for gaming (and for no other purpose) which (i) contains Embedded Code, and (ii) operates with a Permitted Peripheral Device.
b. A "Permitted Peripheral Device" is peripheral devices or other user interface devices, including but not limited to a joystick, wheel, gamepad and/or mouse, incorporating (i) technology licensed from Sixense and (ii) supported by the Licensed Software.
c. The "Licensed Software" is the SDK which may be used with a Permitted Peripheral Device to enable six degrees of freedom tracking controls and to integrate such controls into products developed by Developer, and which consists of binary code, certain header files and sample files which Sixense may provide in source code format, demonstration applications, and associated documentation.
d. The "Embedded Code" is code that is incorporated into or modified within a product developed by Developer in whole or in part through the use of the Licensed Software by Developer, or as a result of the copying or duplication by Developer of code created by a third party in whole or in part through the use of the Licensed Software.
e. A "Publisher" causes the End-User Product to be reproduced and distributed to end-users, whether directly or indirectly, via the Internet or otherwise. A Publisher may also be the Developer, or may have retained Developer to create the End-User Product.
LICENSE: Sixense grants Developer a non-exclusive, non-transferable, worldwide license solely (and for no other purpose) to (i) download and use one (1) copy of the Licensed Software to create End-User Product(s); (ii) use, reproduce, publicly display, promote, publish and distribute End-User Product(s) over the Internet or otherwise; and (iii) sublicense Publisher(s) to publicly display, promote, publish and distribute End-User Product(s) over the Internet or otherwise, subject to and in compliance with the terms of this Agreement.
Developer has no right to, and agrees not to, display, perform, copy, distribute, license or sub-license copies of the Licensed Software or the Embedded Code except as a part of or within an End-User Product.
Developer's use of the Licensed Software is subject to the following additional terms:
a. Developer may use the Licensed Software only on a single computer workstation;
b. Developer may make one (1) backup copy of the Licensed Software in machine-readable form solely for backup purposes;
c. Developer must include all copyright notices and any other proprietary rights notices appearing on the Licensed Software on any copies that Developer makes and must also include the following copyright notice within Developer's source code and in the location of Developer's own copyright notice: "Portions copyright (c) 2011 Sixense Corporation. All rights reserved."
d. Developer shall not make, distribute, rent or otherwise provide access to copies of the Licensed Software, except as permitted above, and shall not electronically transfer the Licensed Software over a network;
e. Developer agrees not to use Licensed Software, Derivatives or Confidential Information, as defined below, to design or develop, in whole or in part, any product other than an End-User Product. Examples of unauthorized use include, but are not limited to: (i) supporting a third-party peripheral device not developed by, or contractually affiliated with, Sixense; and/or (ii) creating software substantially similar to the Licensed Technology for any purpose other than the development of an End-User Product.
f. ANY SUBLICENSE BY DEVELOPER TO A PUBLISHER(S) OF SOFTWARE LICENSED OR CREATED UNDER THIS AGREEMENT SHALL BE PURSUANT TO A SUBLICENSE AGREEMENT WITH SUCH PUBLISHER(S) WHICH SHALL CONTAIN ALL OF THE RESTRICTIONS IMPOSED UPON DEVELOPER BY THIS AGREEMENT, AND WHICH SHALL REQUIRE SUCH PUBLISHER(S) TO AGREE TO BE BOUND BY ALL SUCH TERMS PRIOR TO SUCH SUBLICENSES BECOMING EFFECTIVE. IN ADDITION, EACH SUCH SUBLICENSE AGREEMENT SHALL SPECIFY THAT SIXENSE IS A THIRD PARTY BENEFICIARY OF THE SUBLICENSE AGREEMENT, AND SHALL INCLUDE SIXENSE'S ADDRESS, AS SET FORTH ABOVE.
g. Developer will grant, and hereby grants, to Company a royalty-free license to any improvement, derivative or enhancement (“Derivatives”) to the Licensed Software or Embedded Code made by Developer.
LIMITED RIGHTS: The foregoing license gives Developer limited rights to use the Licensed Software. Sixense retains all title to, and ownership in, the Licensed Software, and all copies thereof. Except as explicitly set forth above, (i) Developer is not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing and signed by both parties), distribute or sublicense the Licensed Software or to use the Licensed Software in a time-sharing arrangement or in any other unauthorized manner; (ii) no license is granted to Developer in the human readable code of the Licensed Software (source code); and (iii) this License Agreement does not grant Developer any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Licensed Software, including, without limitation, any rights to any updates, enhancements, corrections or new versions of the Licensed Software, or any rights to practice under any Sixense patents or any patents licensed by Sixense. If Developer wishes to obtain any updates, enhancements, corrections and new versions of the Licensed Software, Developer may contact Sixense for a license to such software. If Developer wishes to obtain a license under any Sixense patents, it may contact Sixense for that purpose as well.
TRANSFER AND ASSIGNMENT: Developer may transfer the Licensed Software and this License Agreement to another party if the other party agrees in writing to accept the terms and conditions of this License Agreement. If Developer transfers the Licensed Software, Developer must at the same time either transfer all copies of the Licensed Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Any transfer or assignment of the Licensed Software not in accordance with the terms of this Agreement shall be void.
TRADE SECRETS; NO REVERSE ENGINEERING: Developer acknowledges that Licensed Software, including but not limited to the structure, sequence and organization, are the valuable trade secrets of Sixense and its licensors, as well as any other information disclosed by Sixense to Developer under this Agreement, and together constitute valuable confidential and proprietary information (collectively “Confidential Information”). Confidential Information may not be disclosed, except as expressly permitted under this Agreement. Accordingly, Developer agrees that he/she will not modify, reverse engineer, reverse compile or disassemble the Licensed Software. Breach of this provision by Developer will result in an automatic termination of the license granted to Developer hereunder. If Developer is a European Union ("EU") resident, information necessary to achieve interoperability of the Licensed Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to Developer from Sixense upon written request.
EXPORT RESTRICTIONS: Developer agrees that Developer will not export or re-export the Licensed Software or accompanying documentation (or any copies thereof) or any products utilizing the Licensed Software or such documentation in violation of any applicable laws or regulations of the United States or the country in which Developer obtained the Licensed Software.
TITLE: Developer acknowledges and agrees that ownership of, and title to, the Licensed Software and all subsequent copies thereof, as well as any Derivatives, regardless of the form or media are held by Sixense.
UNITED STATES GOVERNMENT LEGEND: The Licensed Software is commercial in nature and developed solely at private expense. The Licensed Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement, which is Sixense's standard commercial license for the Licensed Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
TERM AND TERMINATION: Without prejudice to any other rights, Sixense may terminate this License Agreement if Developer fails to comply with the terms and conditions of this License Agreement and/or in its sole discretion, without cause. Upon such termination Developer agrees to destroy the Licensed Software and documentation, together with all copies and merged portions in any form. Additionally, Sixense reserves the right to discontinue offering the Licensed Software at any time in its sole discretion. You acknowledge and agree that the form and nature of the Licensed Software and the terms of this Agreement may change from time to time without prior notice to you. You understand and agree that if you use the Licensed Software after the date on which these terms have changed, your use is acceptance of the updated terms.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, excluding (i) that body of law known as conflicts of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods (1980). The parties hereby consent and submit to the exclusive jurisdiction of the state and federal courts located in the Northern District of California with respect to any disputes arising under or in connection with this Agreement. Each party hereby waives any right that it might otherwise have to object to such venue or seek dismissal of the action on the basis of forum non conveniens.
INDEMNIFICATION: Developer shall indemnify and hold Sixense harmless from and against any and all losses, damages, liability, reasonable attorneys', expert witness, or court fees and costs, and any other reasonable costs and expenses arising from any third party claims against Sixense relating to the display, promotion, performance and/or content of End-User Product(s).
DISCLAIMER OF WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY SIXENSE. SIXENSE MAKES NO WARRANTY OR REPRESENTATION THAT ITS LICENSED SOFTWARE PRODUCTS WILL MEET DEVELOPER'S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR APPLICATIONS SOFTWARE PRODUCTS PROVIDED BY THIRD PARTIES, THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED. IF SUCH A DISCLAIMER IS NOT ALLOWED UNDER APPLICABLE LAW, SIXENSE LIMITS SUCH WARRANTIES TO NINETY (90) DAYS FROM THE DATE DEVELOPER INSTALLED THE LICENSED SOFTWARE ON DEVELOPER'S COMPUTER, AND SIXENSE'S SOLE OBLIGATION WITH RESPECT TO THIS EXPRESS WARRANTY WILL BE TO REPLACE THE LICENSED SOFTWARE WITHIN THE NINETY (90) DAY PERIOD.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW SIXENSE ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE LICENSED SOFTWARE, EVEN IF SIXENSE OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT OF THE LICENSED SOFTWARE. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor. The headings used in this Agreement are for convenience only and shall not be considered part of the Agreement.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between Developer and Sixense, supersedes all prior agreements, whether written or oral, with respect to the Licensed Software and subject matter hereof, and may be amended only in a writing signed by both parties.
Developer hereby acknowledges that Developer has read this Agreement, understands it, and agrees to be bound by its terms and conditions.