OpenHaptics Academic Edition

License Agreement
PLEASE READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT (THE "LICENSE")
CAREFULLY. BELOW YOU WILL BE ASKED TO ACCEPT THE TERMS AND CONDITIONS OF
THE LICENSE. YOU MUST ACCEPT TO RECEIVE THE PASSWORD NEEDED TO DOWNLOAD
OPENHAPTICS ACADEMIC EDITION (THE SOFTWARE). BY ACCEPTING, YOU (THE
"AUTHORIZED USER") REPRESENT AND CERTIFY THAT YOU ARE AFFILIATED WITH AN
EDUCATIONAL INSTITUTION THAT HAS PURCHASED PRODUCTS FROM SENSABLE
TECHNOLOGIES, INC. (STI) ENTITLING SUCH INSTITUTION TO USE THE OPENHAPTICS
DEVLOPMENT KIT (AN ELIGIBLE EDUCATIONAL INSTITUTION). THIS LICENSE IS A
LEGAL AND ENFORCEABLE AGREEMENT BY AND BETWEEN STI AND THE AUTHORIZED
USER. BY ACCEPTING THIS LICENSE, AUTHORIZED USER AGREES TO ACCEPT ALL OF THE
TERMS AND CONDITIONS IN THIS LICENSE.
THE AUTHORIZED USER MAY NOT USE, COPY, MODIFY, DISTRIBUTE OR TRANSFER THE
SOFTWARE, EXCEPT AS EXPRESSLY PROVIDED IN THE LICENSE.
License to Use. Subject to the terms and conditions of this License, commencing upon download
1.
of the Software, STI grants to Authorized User a personal, non-exclusive, non-transferable (except for the
limited right to distribute derivative works, as outlined below), revocable, limited license to install and use
the Software solely for its own internal Educational Use. "Educational Use" means Authorized Users
non-commercial and personal, educational or research use of the Software solely for the purposes of
education, research, design, development, evaluation or testing, but not for production use or for
deployment or use in a production or commercial environment or any manner that would result in direct or
indirect financial benefit including use of derivative works .
2.
Limitations on Use. Except as expressly permitted by STI, the Authorized User may not use,
copy, modify, or distribute the Software, or any copy, adaptation, transcription, or merged portion thereof.
Without the prior written consent of STI, the Software may only be used with STI PHANTOM hardware
or other STI branded hardware; the use of any other haptics hardware is specifically prohibited. The
Authorized User may not lease, rent, sell, sub-license, transfer, or distribute, except to the extent expressly
permitted by applicable law and to the extent that STI is not permitted by that applicable law to exclude or
limit such rights. The Authorized User shall be permitted to create and distribute derivative works,
provided that (a) any such distribution is pursuant to a commercial license agreement and applicable fees
and royalties whose terms are no less restrictive than the terms of this License; (b) any such distribution is
to another user who is also authorized to download the Software by virtue of its affiliation with an Eligible
Educational Institution; and (c) such derivative work (i) shall not offer substantially equivalent or similar
functionality to that provided by any STI product, or otherwise compete with any STI product including
haptic software toolkits, voxel modelers, or dental applications unless the dental application is for the
purpose of dental simulation;, (ii) shall contain a readable copy of the STI attribution notices and (iii) shall
constitute a substantial modification of the Software and (d) such derivative work shall not directly or
indirectly result in financial benefit to the Authorized User. The Authorized User shall not make copies of
the Software. The Authorized User shall not alter or remove any proprietary and/or legal notices,
labels or trademarks of STI or its licensors on the Software. This License does not grant permission to
use the trade names, trademarks, service marks, or product names of STI, except as required for reasonable
and customary use in describing the origin of the Software. No license is granted to Licensee for any
purpose other than set forth in Section 1.
Ownership. The Software is owned by STI or its licensors and is protected by US and
3.
international patent and copyright laws and international treaties. Rights not expressly granted are reserved
to STI and its licensors. Title, ownership rights, and intellectual property rights in and to the Software and
all copies thereof shall remain in STI or its licensors. Authorized User shall not take any action (a)
inconsistent with such title or (b) inconsistent with the rights of STI in its entire intellectual property

portfolio. No rights in and to the Software, by implication or estoppel, are granted and/or transferred to the
Authorized User except as explicitly provided for in this License. Unauthorized use, copying or distribution
of the Software, or failure to comply with this License, will result in automatic termination of the License
and will make other legal remedies available to STI.
4.
No Warranty. Unless required by applicable law, STI provides the Software on an "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied,
including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. Authorized User is solely
responsible for determining the appropriateness of using or redistributing the Software or any derivative
work and assumes any risks associated with its exercise of permissions under this License.
No Technical Support. STI will not provide any support services beyond that which is provided
5.
on the Academic Edition area of the Developer Support Center on the STI Web site.
Liability. In no event and under no legal theory, whether in tort (including negligence), contract,
6.
or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts), shall STI be
liable to Authorized User for damages, including any direct, indirect, special, incidental, or consequential
damages of any character arising as a result of this License or out of the use or inability to use the Software
(including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction,
or any and all other damages or losses), even if STI has been advised of the possibility of such damages.
Authorized User assumes the entire responsibility for the selection and use of the Software, the output
thereof, and for decisions made and actions taken based thereon and agrees to indemnify, defend, and hold
harmless STI and its directors, officers, employees and agents from and against any and all claims, suits,
proceedings and actions brought or threatened against STI that in any way relate to, arise from or result
from any such decisions and/or actions.
Termination. This License is effective for one year from the date of your registration. The
7.
Authorized User may terminate this License at any time by destroying all copies of the Software. Upon
termination, the Authorized User must destroy all copies of Software. The Authorized User's license to use
the Software will terminate immediately without notice from STI if the Authorized User fails to comply
with any provision of this License. If the Authorized User institutes litigation against STI or its licensors
(including a cross-claim or counterclaim in a lawsuit) alleging that the Software or a any work incorporated
within the Software constitutes direct or contributory infringement, then any licenses granted to Authorized
User under this License shall terminate as of the date such litigation is filed.
Export. This Software is licensed for use in the US and its territories, or in any other country to
8.
which it is legally exported. The Authorized User represents and certifies that its acquisition of the
Software is in compliance with all applicable US laws governing export, destination, ultimate end user and
other matters (the Export Laws). Authorized User agrees not to take any action which is not in
compliance with the Export Laws.
US Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS.
9.
Use, duplication, or disclosure by the U.S. Government or its contractors is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, or any successor regulation or as set forth in the particular department or agency regulations
or rules which provide STI or its licensors with protection equivalent to or greater than that clause.
Governing Law. This License is made under and will be governed by the substantive laws of the
10.
United States and The Commonwealth of Massachusetts, excluding any of its choice of law provisions.
The state and federal courts in The Commonwealth of Massachusetts shall have exclusive venue and
jurisdiction for any disputes, and the parties hereby submit to personal jurisdiction in such courts.
Authorized User agrees that its breach of the provisions of this License will cause irreparable injury to STI
for which STI will not have an adequate remedy at law and that STI shall be entitled to injunctive relief, as
well as any other available remedy at law or in equity.

11.
General. This License is the entire agreement between the Authorized User and STI relating in
any way to the Software. If any provision of this Agreement is declared invalid, illegal, or unenforceable,
then such provision will be interpreted or reformed to the extent reasonably required to render the same
valid, enforceable and consistent with the original intent underlying such provision or, if not possible,
severed from this Agreement. All other terms, conditions and provisions of this Agreement shall remain in
full force and effect. Failure to enforce any of the terms or conditions of this License shall not constitute a
waiver of any such terms or conditions, or of any other terms or conditions. This License and the rights and
benefits hereunder shall inure to the benefit of the parties and their respective successors and assigns.
Authorized User cannot assign, transfer or delegate without the prior written consent of STI. No variation
of the terms of this License or any different terms will be enforceable against STI unless signed in writing
by an officer of STI.