Gestureworks.com License Agreement

Description of Service

Gestureworks.com provides information, downloads, and support for GestureWorks Core, Open Exhibits (now merged with GestureWorks Flash), GestureKey, and GestureWorks Gameplay.

Use of This Site

Your use of this website (“Site”) is subject to the following legal Terms of Use (“Agreement”). Please read this Agreement carefully, as you will be bound by its terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Licensing

Please see the individual licensing agreements for GestureWorks Core, Open Exhibits (now merged with GestureWorks Flash), GestureKey, and GestureWorks Gameplay.

Revisions

We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site.

Ownership

This Site is owned and operated by Ideum Inc., 2469 Corrales Road, Building C, Corrales, NM 87048. If you have any questions about the Site or these Terms of Use, please contact us.

Trademarks

The GestureWorks® and Open Exhibits trademarks are the property of Ideum.

Windows® 7 and 8 operating systems are registered trademarks of Microsoft Corporation in the United States and other countries.

Cinder, openFrameworks, XNA, Unity, Kivy, Java 2D, Processing and Panda3D are the registered trademarks of their respective entities. Adobe Flash, Adobe Flash Builder, Adobe CS4, Adobe CS5 and Adobe CS6 are the registered trademarks of Adobe Inc. Adobe Flash, Adobe Flash Builder, Adobe CS4, Adobe CS5 and Adobe CS6 are the registered trademarks of Adobe Inc.

Other company and product names used herein may be trademarks of their respective owners.

Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Disclaimer & Forum Policy

Ideum maintains this website to provide information relevant for Gestureworks® (gestureworks.com) users. Our goal is to keep this information timely and accurate. If errors are brought to our attention, we will try to correct them. This information is not necessarily comprehensive, complete, accurate or up to date. Ideum/GestureWorks assumes no responsibility for links to external sites over which Ideum/GestureWorks has no control. Individuals may upload files or images that Ideum/GestureWorks has not sanctioned. Ideum/GestureWorks retains the right to remove postings and ban individuals at its discretion. Ideum/GestureWorks accepts no responsibility or liability whatsoever with regard to the content of the Support/Community & Forum areas of the Website.

DMCA TAKE DOWN POLICY

It is Ideum/GestureWorks policy to honor all takedown requests that comply with the notification requirements of the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

1. Notification of Copyright Infringement
To file a notification of claimed copyright infringement, you will need to send an email or mail communication that includes substantially all of the information listed below. (Please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner ("authorized person") of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ideum/GestureWorks to locate the material. Please provide a URL to help us locate the content quickly.
  4. Information reasonably sufficient to permit Ideum to contact the authorized person, such as an address, telephone number, and, if available, an electronic mail address.
  5. A statement that the authorized person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notification should be sent via email or mail to the following address:

Ideum Inc.
2469 Corrales Rd.
Building C
Corrales, NM 87048
Email: legal@ideum.com

Please note that the information provided in the written notification may be forwarded to the person responsible for the allegedly infringing activity. Be advised, that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

2. Counter-Notification
When Ideum/GestureWorks receives a DMCA takedown notification of alleged copyright infringement, Ideum/GestureWorks removes the material that is the subject of the notification. Ideum/GestureWorks will contact you about it.

If you believe your content was removed as a result of mistake or misidentification, you may submit a DMCA counter-notification that includes substantially all of the information listed below. (Please see Section 512(g)(3) of the Copyright Act to confirm these requirements):

  1. Your name, address, telephone number and physical or electronic signature;
  2. Identification of the material and its location before removal;
  3. A statement under penalty of perjury that the material was removed by mistake or misidentification; and
  4. Your consent to the jurisdiction of federal district court jurisdiction for the address provided and, if your address is outside of the United States, then you must consent to the jurisdiction of any judicial district in which Ideum resides.
  5. A statement that you will accept service of process from the person who provided notification of claimed infringement.

Such written counter-notification should be sent to our designated agent via email or mail to the following address:

Ideum Inc.
2469 Corrales Rd.
Building C
Corrales, NM 87048
Email: legal@ideum.com

Please note that the information provided in the counter-notification will be forwarded to the person who submitted the DMCA takedown notification. You consent to having your information forwarded if you submit a counter-notification.

Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.

Please also be advised that we enforce a policy that provides for the termination of user accounts in appropriate circumstances for users who are repeat infringers.

Limitation of Liability – No Guarantees

There are no guarantees of proper performance of the Site and no guarantees of current or future availability. If you are concerned about the stability, performance, or future availability of the Site, please do not use it.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE, AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

IN NO EVENT SHALL IDEUM, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IDEUM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE IDEUM, GESTUREWORKS, GESTUREML, CREATIVEML, DEVICEML, ACCESSIBILITYML, AND OPEN EXHIBITS WEBSITES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IDEUM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO IDEUM FOR ACCESS TO OR USE OF THE SITE.

Privacy

We respect our visitors’ privacy. We will not share email addresses or other personal information with companies outside of Ideum. By subscribing to the newsletter, you agree to receive emails from Ideum. You can unsubscribe from the email list at any time. Email addresses are not published or shown on the Site.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this Agreement and will not affect the validity or enforceability of the remainder of this Agreement.

Last revised: March 6, 2014


Gestureworks Core, Flash Software License Agreement

Summary of Important Use Restrictions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING GESTUREWORKS SOFTWARE. THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE.

Agreement

This is an Agreement between Licensor and Licensee, who is being licensed to use GestureWorks and associated components. The package will be referenced to as the “Software” in this Agreement. GestureWorks Core are covered under this agreement.

Non-Exclusive License and Ownership

Licensee acknowledges that this is only a limited nonexclusive, nontransferable license to install and execute the executable form of the Software. Licensor is and remains the owner of all titles, rights, and interests in the Software. The Software is licensed, not sold.

Trial Use

If you download the trial version, be advised that license is for evaluation of Software only. Run-time is limited, and distribution for completed applications is prohibited without a licensed copy of Software. The Licensee can distribute finished applications built with the GestureWorks framework on one computer for trial and evaluation purposes only. Any other distribution of completed applications requires the purchase of a commercial License. The trial Software can only be used for 30 days.

Professional Version

This License permits Licensee to install the Professional Version of the software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.

Site License Version

This License permits Licensee to install the Site Version of the software on up to 20 computer systems, as long as they are located at the same physical address and used by the Licensee and no other entities. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.

License Term, Support and Upgrades

Licensees of all Standard, Professional and Site License versions have access to upgrades, updates and patches in accordance with GestureWorks’ current policies. Licensees of the Professional and Site License versions of Software have access to the GestureWorks support site or other support mechanisms if included at the time of purchase. We make no guarantees about support or future upgrades.

No Implied License

Except for the limited rights and license expressly granted hereunder, no other license is granted, no other use is permitted and Licensor (and its suppliers) shall retain all right, title and interest in and to the Licensed Products (and all patent rights, copyright rights, trade secret rights and all other intellectual property and proprietary rights embodied therein).

Authoring Application Software Restriction

GestureWorks CORE DLL cannot distributed with third-party authoring tools either for sale or free release without a separate license from GestureWorks. Users of any third-party authoring tools must purchase their own copy of the GestureWorks license.

Embedded Software Restriction

You may not distribute Software if it is provided as the user interface of primary functionality on an electronic device or system if more than 500 such systems are to be sold. This type of usage requires a separate license from GestureWorks. GestureWorks allows for unlimited distribution in the case self-contained applications and can be used on computer systems, personal electronic devices or set top systems or televisions, as long as the Software does not provide the primary functionality or user interface of the device.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. GESTUREWORKS AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GESTUREWORKS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

Ownership

You may not reverse engineer, decompile or disassemble the SOFTWARE. Ideum shall retain title and all ownership rights to the Software.

General

Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. This License Agreement is governed by the law of the State of New Mexico in the United States and is applicable to New Mexico contracts. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software. Any terms or conditions contained in any other documents of purchase that are inconsistent with or in addition to the terms and conditions of this Agreement are deemed null and hereby rejected by GestureWorks.

Updated 3/06/14

GestureWorks is the property of Ideum, Inc. and is protected by US patents.


Gestureworks Gameplay Software License Agreement

Summary of Important Use Restrictions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING (EITHER THE TRIAL OR FULL VERSION) GESTUREWORKS SOFTWARE. THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE.

Agreement

This is an Agreement between Licensor and Licensee, who is being licensed to use GestureWorks Software and associated components. The package will be referenced to as the “Software” in this Agreement. GestureWorks Gameplay product is covered under this agreement.

Non-Exclusive License and Ownership

Licensee acknowledges that this is only a limited nonexclusive, non-transferable license to install and execute the executable form of the Software. Licensor is and remains the owner of all titles, rights, and interests in the Software. The Software is licensed, not sold. The trial Software can only be used for 30 days.

Approved Use

This License permits Licensee to install GestureWorks Gameplay Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only. Under no circumstances can users modify or share the code that makes up the Software.

Non-Commercial Use

GestureWorks Gameplay is not to be used commercially in anyway including, but not limited to, use with computer kiosks or computer-based exhibits, arcades, or other public venues. Gameplay is for personal use only and cannot be resold or repackaged in anyway.

License Term, Support and Upgrades

All commercial Software (Professional and Site License versions) are subscription based and will remain in effect for a period of one year from the date of purchase unless terminated earlier in accordance with this agreement. Under this Agreement the licenses will automatically terminate, with or without notice from GestureWorks, if the licensee fails to renew. As a licensee of the Software you have access to the GestureWorks support site and access to upgrades, updates and patches in accordance with GestureWork’s current policies.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. GESTUREWORKS AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GESTUREWORKS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

General

Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. This License Agreement is governed by the law of the State of New Mexico in the United States and is applicable to New Mexico contracts. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software. Any terms or conditions contained in any other documents of purchase that are inconsistent with or in addition to the terms and conditions of this Agreement are deemed null and hereby rejected by GestureWork and its parent company Ideum, Inc.

GestureWorks and GestureWorks Gameplay is the property of Ideum, Inc. and is protected by US patents.

Last revised: September 16, 2013


Gestureworks, Gesturekey Software License Agreement

Please note: GestureKey was discontinued as of March 12, 2014. The licensing agreement for owners of the trial or purchased version of the software remains in place.

Summary of Important Use Restrictions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING GESTUREWORKS SOFTWARE. THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE.

Agreement

This is an Agreement between Licensor and Licensee, who is being licensed to use GestureWorks Software and associated components. The package will be referenced to as the “Software” in this Agreement. GestureWorks GestureKey product is covered under this agreement.

Non-Exclusive License and Ownership

Licensee acknowledges that this is only a limited nonexclusive, non-transferable license to install and execute the executable form of the Software. Licensor is and remains the owner of all titles, rights, and interests in the Software. The Software is licensed, not sold.

Personal Edition

This License permits Licensee to install the Personal Edition of the Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.

Non-Commercial Use

The Personal Edition of the Software is not to be used commercially in anyway including, but not limited to, use with computer kiosks or computer-based exhibits.

License Term, Support and Upgrades

All commercial Software (Professional and Site License versions) are subscription based and will remain in effect for a period of one year from the date of purchase unless terminated earlier in accordance with this agreement. Under this Agreement the licenses will automatically terminate, with or without notice from GestureWorks, if the licensee fails to renew. As a licensee of the Software you have access to the GestureWorks support site and access to upgrades, updates and patches in accordance with GestureWork’s current policies.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. GESTUREWORKS AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GESTUREWORKS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

General

Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. This License Agreement is governed by the law of the State of New Mexico in the United States and is applicable to New Mexico contracts. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software. Any terms or conditions contained in any other documents of purchase that are inconsistent with or in addition to the terms and conditions of this Agreement are deemed null and hereby rejected by GestureWorks.

March 6, 2014

GestureWorks and GestureKey is the property of Ideum, Inc. and is protected by US patents.