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SDK Terms and Conditions

Noncommercial Software Developer Kit License Agreement

IMPORTANT-READ CAREFULLY: This Noncommercial Software Developer Kit License Agreement ("SDK License") is a legal agreement between you (either an individual or a single entity) and Novint Technologies, Inc. “Novint”) regarding your rights to the Novint SDK (the "SDK"). The SDK includes computer software source code and object code, and any documentations (including printed materials, online information, and electronic documentation. Any software provided along with the SDK that is associated with a eparate license agreement is licensed to you under the terms of that separate license agreement. You agree to be bound by the terms of this SDK License by installing, copying, downloading, accessing or otherwise using the SDK. If you do not agree to the terms of this SDK License, or if you did not supply a valid name and email address when accessing the SDK, then Novint is unwilling to license the SDK to you. In such event, you have no rights to the SDK.

Grant of License. Novint grants to you a nonexclusive, noncommercial, nontransferable, personal license to do the following, all subject to the terms of this SDK License:

1. Copy and modify any SDK source code, and include such copies and modifications in software that you create (“Derived Software”), and include SDK object code in Derived Software;
2. Use SDK source code, SDK object code, and Derived Software for your own personal, noncommercial use;
3. Distribute Derived Software and SDK documentation to others, provided that any distribution is for noncommercial purposes only, is without charge or fee or consideration of any kind, and that every recipient of the istribution agree to and is bound by the terms of this SDK License.

Limitations of License. Notwithstanding anything else in this SDK License, you do not have the right to:

1. Reverse engineer, decompile, or in any other way attempt to discover the principles of operation of any object code in the SDK, or defeat or ircumvent any security features of any object code in the SDK;
2. Modify any of the object code in the SDK, or change or emulate any communication protocol in the SDK; or use the SDK in connection with any haptic hardware device except those made by Novint or under license from Novint;
3. Use anything in the SDK or any Derived Software for any commercial purpose, including without limitation for provision of programming, hosting, or any other services for others;
4. Distribute anything in the SDK or any Derived Software to any other party that is not bound by the terms of this SDK License;
5. Make any copies of anything in the SDK without including all copyright, license, and other legal notices with the copy.
6. Transfer the SDK, this SDK License, or any part thereof, to any other party. Any attempt at such a transfer is void.

Reservation of Rights. All title, ownership rights and intellectual property rights in and to the SDK and any and all copies thereof are owned by Novint and/or its licensors. Novint and its licensors reserve all rights not expressly granted to you in this SDK License. The SDK is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SDK is licensed, not sold. This license does not grant you any right to any updates, corrections, or enhancements, or to any support or assistance. Novint does not represent that the SDK will be available in the future, or that the SDK will provide any functionality. Novint may revise or cease to provide the SDK or its functionality or any part thereof, which may include without limitation, loss of compatibility, denial of
access to the functionality of the SDK, from time to time without notice.

Trademarks. This SDK License does not grant you any rights in connection with any trademarks or service marks of Novint or its suppliers.

Export Restrictions. You acknowledge that the SDK is of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and
other governments.

DISCLAIMER OF WARRANTY. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SDK AND ANY DERIVED SOFTWARE REMAINS WITH YOU, THE USER. NOVINT EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR THE SDK AND ANY DERIVED SOFTWARE, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO SDK AND ANY DERIVED SOFTWARE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF
WORKMANLIKE EFFORT. THE SDK AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 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. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH THE SDK OR ANY DERIVED SOFTWARE OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. NEITHER NOVINT, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SDK OR ANY DERIVED SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL NOVINT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY AMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SDK, ANY DERIVED SOFTWARE, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE SDK, ANY DERIVED SOFTWARE, OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF ANY WARRANTY AND EVEN IF
NOVINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NOVINT WITH REGARD TO THE SDK IS TO DISCONTINUE USE OF THE SDK AND ANY DERIVED SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NOVINT, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Fault Tolerance. The SDK is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SDK could lead directly to death, personal injury, or physical or environmental damage. Novint expressly disclaims any implied warranty of fitness for applications requiring fail-safe performance.

Indemnification. You agree to defend, indemnify and hold harmless Novint, its licensors and their affiliates from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with breach of this Agreement, use of the SDK or any Derived Software, including, but not
limited to, the creation, distribution, promotion and use of any Derived Software. Novint reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Amendment. Novint may amend this SDK License at any time in its sole discretion. If Novint amends the SDK License, such amendment shall be effective thirty (30) days after your receiving notice of the amended SDK License, either via e-mail to the address you supplied to Novint or as a notification on Novint’s website. Your failure to terminate this SDK License within thirty (30) days after receiving notification of an amended SDK License will mean that you accept such amendment. If you don't agree to
the amendment or to any of the terms in this SDK License, your only remedy is to terminate this SDK License.

Termination. Without prejudice to any other rights, Novint may terminate this SDK License if you do not abide by the terms and conditions contained herein, or at any time upon 72 hours notice to you, or at any time upon post of a notice of termination to Novint’s SDK website. In such event, you must destroy all copies of the SDK and any Derived Software. Termination of this SDK License shall terminate your rights and all obligations of Novint under this SDK License, but the remaining provisions shall survive termination.

Applicable Law, Jurisdiction. This SDK License is governed by the laws of the United States and the State of New Mexico, without reference to conflict of laws principles. You agree that any claim asserted in any legal proceeding by you against Novint shall be commenced and maintained exclusively in any state or federal court located in Bernalillo County, New Mexico, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this SDK License, the prevailing party will be entitled to attorneys' fees and expenses. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Miscellaneous. This SDK License sets forth all rights for the user of the SDK and is the entire agreement between the parties. This SDK License supersedes any other communications with respect to the SDK. You agree that this SDK License is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this SDK License. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Novint. If any provision of this SDK License is held invalid or unenforceable, the remainder of this SDK License shall continue in full force and effect, and such provision shall be reformed only to the extent necessary to make it valid and enforceable. The parties confirm that it is their wish that this Agreement has been written in the English language only.

© 2007 Novint Corporation. All rights reserved.