Updated 2012-02-13: The current version of the Free Community Edition SDK is 1.2.

Activate3D is excited to offer the Free Community Edition of Intelligent Character Motion (“ICM”) for Windows. This version provides binary only access to our libraries as well as the source code for all of our samples. Please note that the Free Community Edition is not licensed for commercial projects of any type. By entering your email address below, you are agreeing to the End User License Agreement (“EULA”) below. If you need an evaluation or production license of ICM for a commercial project, please contact Activate3D. We are happy to work with you on a license, and commercial licensees and evaluators have access to enhanced support.

Here is a brief summary of the EULA for the Free Community Edition. Please read the EULA closely for the full terms that you agree to be bound by when you use the Free Community Edition.

• The software may only be used for non-commercial projects.
• User agrees not to reverse engineer, disassemble, or otherwise extract Activate3D’s IP which is granted for use to the user only under this license.
• The software is provided as-is, and Activate3D makes no warranty regarding the suitability of the software or the components with which it interfaces.
• Activate3D provides no guarantee of support for this version beyond what it available in the support forum.
• Activate3D has limited liability to you under the terms of this Agreement.

Free Community Edition End-User License Agreement (EULA)

IMPORTANT – PLEASE READ THE TERMS OF THIS EULA CAREFULLY.

This Agreement is a binding, contractual agreement between You and Activate3D. This Agreement applies solely to your use of the Software (as defined below). By [clicking the button below labeled] “I Agree” or by installing or using the Software, You are indicating your acceptance and agreeing to all the terms and conditions of this Agreement. If You do not accept and agree to the following terms and conditions, You must [click the button labeled] “I Do Not Agree” or “Cancel,” in which case you will not be permitted to use the Software. YOUR CLICKING ON THE “I ACCEPT” button constitutes your electronic signature on this Agreement and your consent to execute this Agreement electronically. By accepting the Agreement or by installing or using the Software, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement and (2) you represent that you have the authority to enter into this Agreement, personally or if you have named a company as licensee, on behalf of that company (you or any such company, the “Licensee, You”), and to bind the Licensee to the terms of this Agreement. If you do not agree to all terms and conditions of this Agreement, or if You do not have such authority, You must not accept this Agreement or use or install the Software.

1. BACKGROUND. Activate3D (“Company”) wishes to make its software Intelligent Character Motion (“ICM” or “Software”) available to the community of users for non-commercial use. The user downloading or installing the Software by clicking the “I Agree” button below (“User”) understands that Activate3D is providing this Software as a courtesy to the development community and accepts that no obligation or warranty of Activate3D is created by User’s use of the Software. Activate3D is willing to grant a limited license to User to develop applications for non-commercial use only during the period for which User has a valid key code provided by Activate3D for use with the product, and User must contact Activate3D to negotiate a separate license if User intends to make any commercial use of the Software. The period for which User has a valid key code shall be deemed the “Term.”

2. FEEDBACK. Company may periodically request that User provide, and User agrees to provide to Company, feedback regarding the use, operation and functionality of the Software (“Feedback”). Such Feedback shall include, without limitation, any information about operating results, known or suspected bugs, errors or compatibility problems and user-desired features. User hereby assigns to Company all rights in the Feedback and agrees that Company shall have the right to use the Feedback and related information in any manner it deems appropriate without any compensation to User.

3. CONSIDERATION. Subject to the terms of this Agreement, the parties agree that no license fees or other fees will be payable under this Agreement in exchange for the rights granted and/or the use of the Software provided under this Agreement. The parties acknowledge and agree that this fee arrangement is made in consideration for the mutual covenants set forth in this Agreement. User will bear its own expenses in connection with exercising its rights or performing its obligations under this Agreement.

4. LICENSE AND RESTRICTIONS. During the Term, subject to User’s compliance with the terms and conditions of this Agreement, Company hereby grants to User a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use, display, execute, and perform such Software for non-commercial use only. User agrees and acknowledges that (i) the Software contains a mechanism to disable use of the Software at the end of the Term; (ii) User will not interfere with the operation or timing of any such disabling mechanism; and (iii) Company shall not be responsible for loss or alteration of programs, data or other information resulting from use of the Software or the disabling mechanism, if any. User agrees that it will not and will not allow any third party to (a) reproduce, modify, distribute, sell, transfer, disclose, loan, create derivative works of or make available to any third party any portion of the Software (or any related user manuals or documentation) in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software (other than the source code which is provided by Company); (c) publish any performance or benchmark tests or analyses relating to the Software or the use thereof; (d) remove, alter or obscure any proprietary notices included in the Software; (e) use the Software in any manner not in compliance with all applicable laws, regulations, and rules; or (f) use the Software commercially under this Agreement.

5. OWNERSHIP. Company shall retain all right, title and interest in the Software and in all intellectual property rights therein. No license or other rights of any kind are granted or conveyed except for the limited license expressly provided herein. The Software shall remain Company’s personal property and shall not become part of User’s property by reason of annexation.

6. TERMINATION. This Agreement shall commence upon User entering User’s email address and clicking the “I Agree” button at the end of this Agreement, and shall continue until the end of the Term. The rights and licenses granted hereunder shall terminate immediately if User breaches any term or condition of this Agreement. Either party may terminate this Agreement upon written notice (email is acceptable) to the other party. Upon expiration or termination of this Agreement, User shall promptly purge and destroy all copies of the Software in its possession. The provisions of Sections 6 through 11 will survive termination or expiration of this Agreement.

7. CONFIDENTIALITY. User agrees to keep confidential the Software (including without limitation any user documentation or materials which may be supplied with the Software) and any other information disclosed by Company hereunder that has been identified as confidential or that ought reasonably to be understood to be proprietary and/or confidential, and to exercise no less than the same degree of care to safeguard the confidentiality of such information and the Software as User would exercise to safeguard the confidentiality of User’s own confidential data, programs and information, but in no event less than a reasonable degree of care.

8. DISCLAIMER OF WARRANTIES. User acknowledges that the Software has not been completely tested in all situations. The Software is provided to User “AS IS” and any use of the Software is at User’s own risk. COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS, IMPLIED OR STATUTORY. COMPANY DOES NOT WARRANT THAT THE OPERATION AND RESULTS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

9. LIMITATION OF LIABILITY. USER AGREES THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO USER, ITS CUSTOMERS OR THIRD PARTIES CAUSED BY FAILURE OF COMPANY TO DELIVER THE SOFTWARE OR FAILURE OF THE SOFTWARE TO FUNCTION. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, IN CONNECTION WITH THE USE OF THE SOFTWARE OR OTHER MATERIALS PROVIDED ALONG WITH THE SOFTWARE OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, COMPANY’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

10. INDEMNIFICATION. User agrees to indemnify, hold harmless and, at Company’s option, defend Company, its officers, directors, employees and agents from and against any losses, liabilities, costs (including reasonable attorney’s fees) or damages resulting from any claim by any third party arising from a breach by User of its obligations under this Agreement, provided that in any case User shall not settle any third-party claim against Company without Company’s prior, written consent.

11. GENERAL PROVISIONS.

11.1 Reference. User agrees to act as a reference that will provide, upon reasonable request, comments about the Software to the press, potential investors, and current or prospective customers.

11.2 Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Georgia, without giving effect to any conflicts of laws principles that require the application of the law of a different state. User hereby expressly consents to the personal jurisdiction and venue in the state and federal courts for the county in which Company’s principal place of business is located for any lawsuit filed there against User by Company arising from or related to this Agreement.

11.3 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

11.4 No Assignment. This Agreement, and User’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by User without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

11.5 Export. User agrees not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

11.6 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

11.7 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective.

Please note that by entering your email and clicking the “I Agree” button, you are agreeing to the above EULA which is a precondition for downloading ICM. If you do not agree with this EULA, please do not enter your email. You may also use the “I Do Not Agree” button to be redirected to our home page.