It seems that Sammy are taking their upcoming Darkwatch FPS title seriously since they have officially announced that the game will be using the Havok 2 dynamics engine and that is definitely not freeware.
Darkwatch: Curse of the West will be Sammy Studios' first release implementing Havok 2 physics. Havok's technology is gaining industry wide traction as developers find it to be a mature and stable dynamics solution with strong support. The gaming press has also recognized Havok with recent awards including the just announced 2003 Game Developer Magazine Frontline Award for Best Game Component, and Computer Graphics World Magazine's 2003 Innovation Award.
Recent titles that shipped containing Havok 2 game dynamics include Max Payne 2, Deus Ex Invisible War, URU, and Crash Nitro Cart.
It would seem that both the Havok engine and Valve are slowly emerging from the trouble caused by the recent H-L 2 source theft and since the engine is selling very well, a plausible scenario would suggest that the theft had absolutely no effect on the Havok 2 engine and its developers.