diff options
Diffstat (limited to 'licenses/povray-license')
| -rw-r--r-- | licenses/povray-license | 744 |
1 files changed, 744 insertions, 0 deletions
diff --git a/licenses/povray-license b/licenses/povray-license new file mode 100644 index 00000000000..75ba38d7fa1 --- /dev/null +++ b/licenses/povray-license @@ -0,0 +1,744 @@ + POV-Ray Legal Document + + GENERAL LICENSE AGREEMENT + Persistence of Vision[tm] Ray Tracer (POV-Ray[tm]) + Version 3.5 License and Terms & Conditions of Use + 14 April 2002 + (also known as POVLEGAL.DOC) + +PLEASE READ THROUGH THE TERMS AND CONDITIONS OF THIS LICENSE +CAREFULLY. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF +WARRANTY AND NO LIABILITY AND INDEMNITY PROVISIONS. TO USE AND/OR +DISTRIBUTE PERSISTENCE OF VISION[tm] RAY TRACER ("POV-RAY[tm]") YOU MUST +AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS +DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE +OF POV-RAY[tm] SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND +CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY +NOT USE AND/OR DISTRIBUTE POV- RAY[tm] IN ANY MANNER. THIS GENERAL +LICENSE AGREEMENT MUST ACCOMPANY ALL PERSISTENCE OF VISION FILES +WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE +REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE +OF PERSISTENCE OF VISION WORLDWIDE. THIS DOCUMENT SUPERSEDES AND +REPLACES ALL PREVIOUS GENERAL LICENSES OR DISTRIBUTION POLICIES. ANY +INDIVIDUALS, COMPANIES OR GROUPS WHO HAVE BEEN GRANTED LICENSES FOR +EARLIER VERSIONS MAY CONTINUE TO DISTRIBUTE THEM BUT MUST RE-APPLY +FOR VERSION 3.5 OR LATER VERSIONS. + +INTRODUCTION + +This document pertains to the use and distribution of the Persistence +of Vision[tm] Ray Tracer a.k.a POV-Ray[tm] and known in this document as +POV-Ray[tm] or 'the Software'. It applies to all POV- Ray[tm] program +source files, executable (binary) files, scene files, documentation +files, help file, bitmaps and INI files contained in official +POV-Team[tm] archives. All of these are referred to here as "the +Software". The POV-Team[tm] reserves the right to revise these rules in +future versions and to make additional rules to address new +circumstances at any time. Such rules, when made, will be posted in a +revised POVLEGAL.DOC, the latest version of which is available from +our website at http://www.povray.org/povlegal.html. The POV-Team[tm] +are the programmers and assistants from time to time who work as part +of the "POV-Team" in the development, modification and/or +distribution of the Software. + +INTENT OF THIS LICENSE + +The intent of this license is to allow the free and legal +distribution of POV-Ray[tm] throughout the community, and to permit +users to freely enjoy its benefits. The POV-Ray[tm] developers, past and +present, have donated their time and in some cases considerable +amounts of their own money towards the development of this software +package, which we provide for no charge (within the constraints of +this license) to the public at large. + +The POV-Ray[tm] developers decided, long ago (about 1990), that they did +not want the free nature of this package to be sullied by +unscrupulous third parties who wanted to make a quick buck from the +developer's hard work. This decision was made after some practical +experience with just such activity. We have strong objections to +end-users having to pay for this software when they could have +received it for free had they only known better. + +Though this may seem an unlikely scenario for those used to the +internet and aware of the free availability of POV-Ray[tm], this in fact +does to this day still happen. As this updated POVLEGAL is being +written (in 2001) there is at least one CD that we know of - being +sold both on the internet and in stores - that is presented to +potential purchasers as a 3D rendering product, with nothing present +on the exterior that would lead the buyer to believe that the +renderer inside is in fact a free program (namely, POV-Ray[tm]). + +Therefore, the intent of this license is to encourage free +distribution and use, while severely restricting non-free +distribution and use. Some of the more wordy sections below dealing +with third-party distribution have only become so because some +commercial vendors found some fairly imaginative ways to avoid the +intent of this license. If your intended use of the Software seems to +conflict with this basic intent, you should contact us before +proceeding with your plans (but read the rest of this document before +you write). + +WHY ISN'T POV-RAY OPEN SOURCE ? + +While this explanation doesn't really belong in this document, we are +asked it often enough that we have decided to put it here. While the +POV-Ray[tm] source code is freely available, it isn't 'open' according +to the currently popular definition of the term (meaning that it +isn't available to create derivative works). The reasons for this are +historical. Primarily, at the time that POV-Ray[tm] was originally +developed (starting in about 1990), on Compuserve, it was a different +environment than today. Virtually none of the developers had internet +access and there wasn't a great awareness of things like the GPL. The +team at that time rolled their own license - one that allowed free +use of the software but attempted to prevent people taking unfair +advantage of it. + +As people contributed code to POV-Ray[tm] over the years - and there +have been many instances of this - they contributed it to us on the +understanding that it would be covered by the POV-Ray[tm] license, as it +stood at the time. Now, in 2001, we find that in many cases we don't +know who wrote what part of the code, or that the author is +uncontactable. We simply don't have the right to arbitrarily change +the terms under which their source code is distributed. Even though +it was contributed to us, we feel that we must honor the terms under +which it was given. Therefore, POV- Ray[tm] will remain on this existing +license until we do a full re-write (which is intended for v4), at +which time a new license will be instituted that is far more liberal +in terms of reuse. + +COPYRIGHT + +Copyright ©, POV-Team[tm] 1991-2002. Copyright subsists in the Software +which is protected by Australian and international copyright laws. +Although it is distributed as freeware, it is NOT PUBLIC DOMAIN. You +acknowledge that any and all intellectual property rights including +all rights of copyright used or embodied in or in connection with the +Software are and will remain the sole property of the POV-Team[tm]. You +shall not question or dispute the ownership of such rights at any +time. Nothing in this document shall give you any rights in respect +of the intellectual property of the POV-Team[tm] and you acknowledge +that you do not acquire any rights in respect of such intellectual +property rights. If you use, modify or distribute the Software for +unauthorized purposes or in an unauthorized manner, you will be +liable to the POV-Team[tm] for any damages it may suffer (and which you +acknowledge it may suffer) and you may also be liable to criminal +prosecution. You indemnify the POV-Team[tm] for every single consequence +flowing from your unauthorized use of the Software. + +DISCLAIMER OF WARRANTY + +This Software is provided on an "AS IS" basis, without warranty of +any kind, express or implied, including without limitation, the +implied warranties of merchantability, fitness for a particular +purpose and non-infringement of intellectual property of any third +party. This Software has inherent limitations including design faults +and programming bugs. As the program is free, the entire risk as to +the quality and performance of the Software is borne by you, and it +is your responsibility to ensure that it does what you intend it to +do prior to using it for any purpose other than testing it. Should +the Software prove defective, you and not the POV-Team[tm] or anyone +associated with them assume the entire cost of any service and +repair. This disclaimer of warranty constitutes an essential and +material term of this agreement. + +NO LIABILITY AND INDEMNITY + +When you use the Software you acknowledge and accept that you do so +at your sole risk. You agree that under no circumstances shall you +have any claim against the POV-Team[tm] or anyone associated directly +or indirectly with the POV-Team[tm] whether as employee, subcontractor, +agent, representative, consultant, licensee or otherwise ("POV-Team[tm] +associates") for any loss, damages, harm, injury, expense, work +stoppage, loss of business information, business interruption, +computer failure or malfunction which may be suffered by you or by +any third party from any cause whatsoever, howsoever arising, in +connection with your use and/or distribution of the Software even +where the POV-Team[tm] were aware, or ought to have been aware, of the +potential of such loss. Damages shall include direct, indirect, +general, special, incidental, punitive and/or consequential. If you +do not accept this no liability condition, you must not use this +Software. + +You indemnify the POV-Team[tm] and the POV-Team[tm] associates and hold +them harmless against any claims which may arise from any loss, +damages, harm, injury, expense, work stoppage, loss of business +information, business interruption, computer failure or malfunction, +which may be suffered by you, your spouse, dependants or any other +third party whatsoever as a consequence of any act or omission of the +POV-Team[tm] and/or the POV-Team[tm] associates, whether negligent or not, +arising out of your use and/or distribution of the Software, or from +any other cause whatsoever, howsoever arising in connection with the +Software. These provisions are binding on your estate, heirs, +executors, administrators, parents and/or guardians. + +HIGH RISK ACTIVITIES + +This Software and the output produced by this Software 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, in which the failure of the Software +could lead directly to death, personal injury, or severe physical or +environmental damage ("High Risk Activities"). The POV-Team +specifically disclaim any express or implied warranty of fitness for +High Risk Activities. + +USAGE PROVISIONS + +Subject to the terms and conditions of this agreement, permission is +granted to the user to use the Software and associated files in this +package to create and render images. The use of this Software for the +purpose of creating images is completely free. The creator of a scene +file retains all rights to the scene file they created, and any image +generated by the Software from them. + +The user is also granted the right to use the scene files, fonts, +bitmaps, and include files distributed in the INCLUDE and +SCENES\INCDEMO sub-directories in their own scenes. Such permission +does not extend to any other files in the SCENES directory or its +sub-directories. The SCENES files are for your enjoyment and +education but may not be the basis of any derivative works unless the +file in question explicitly grants permission to do such. + +ACCEPTANCE OF LICENSE + +Some jurisdictions deem licenses that have not been physically signed +by the person or legal entity using the software which is the subject +of the license to have not been accepted in a legal sense. However, +since you have not paid for this Software, nothing else other than +acceptance of this license in full grants you the right to use, +modify, or distribute it or any derivative works made from it. By +using, modifying, making a derivative work, or distributing any part +or version of the Software, you indicate your acceptance of this +License and all of its terms and conditions. If you have not accepted +the license such actions would be illegal. + +DISTRIBUTION AND/OR MODIFICATION + +This copyrighted package may ONLY be distributed and/or modified +according to the terms and conditions contained in this License +Agreement. + +The permission to distribute this Software, under certain very +specific conditions, is granted in advance, provided that the +following conditions are met. If your distribution, or intended +distribution, does not meet these conditions, you may not distribute +the Software. + +Anyone intending to distribute this Software must ensure that they +comply with our license at all times. If you are intending to +distribute POV-Ray[tm] and are not reading the master copy of this +license found on our web site at http://www.povray.org/povlegal.html, +you should instead read that version, as it may have changed since +the copy that you are reading was written. + +The Software must not be distributed commercially (where 'commercially' +means any distribution that would qualify under the terms of the +'CONDITIONS FOR COMMERCIAL BUNDLING' section which appears later in +this document) without the express written permission of the POV-Team. +This restriction applies not only to this Software but also to any +derivative of it or any part of it. + +You may not distribute (or continue to distribute if you have already +started) the Software if you have been or are in breach of any of the +conditions of this license, or if you or your legal representatives +have been notified by us or our authorized representatives (via +telephone, email, fax, or physical mail to the last known contact +point for that communication method) that you may not. + +The Software must not be distributed in a form different from the +official distribution without the express, prior, written permission +of the POV-Team[tm]. The official distribution are those official +versions which appear on our website from time to time. You may +rename the distribution files only to meet the file name conventions +of your system or to avoid file name duplications. The POV-Team[tm] is +willing to make exceptions in certain circumstances (e.g. to allow +Linux vendors to use RPM), but these are on a case-by-case basis. +Please write us if you would like to do this. + +You must distribute a FULL PACKAGE of files as defined under +"DEFINITION OF FULL PACKAGE" below, in the next section. No portion +of this package may be separated from the package and distributed +separately other than under the conditions specified in the +provisions given below. + +Any physical distribution (that is, by any means other than online +download) of POV-Ray[tm] by any person or organisation, for any purpose +other than personal sharing of the software, must include full +contact details of the distributor. This includes at the very least a +valid physical mailing address (including country), a telephone +number if the distributor provides that for any of its other +products, and a working, manned email address if the distributor has +an internet presence of any sort. If the distributor has a web site +then its URL must also be included. + +Only non-commercial distribution in which no money or compensation is +charged (such as a user copying the Software for a personal friend or +colleague) is permitted. No other restrictions may be placed on the +distribution of the Software. + +Internet distribution of our official archives on web or FTP sites is +permitted, provided that no charge is made for downloading or +accessing the files (other than the normal fees the user pays to +access the internet), and that the versions distributed are the +latest available (or that, in the case of a web page, a clearly +positioned link is provided to the latest version, and in the case of +an FTP site, that the latest version is present in the same +subdirectory). + +Teachers and educational institutions may also distribute the +material to students for free or they may charge minimal copying +costs if the Software is to be used in a course. + +Any other distribution for which money or any other compensation is +asked for or received must meet the terms and conditions set out +below. + +CONDITIONS FOR CD-ROM DISTRIBUTION +CONDITIONS FOR SHAREWARE/FREEWARE DISTRIBUTION + +A 'shareware and freeware distributor', for the purpose of this +document, is one which CLEARLY IDENTIFIES itself as such to anyone +dealing with it or its resellers, both in general, and also with +respect to the interior and exterior packaging of any products it +sells. If there is any possibility that a person, prior to or after +performing a purchase of any shareware or freeware product from the +distributor or any reseller of the distributor, would not be aware +that they are receiving shareware or freeware software, then that +distributor is NOT considered a 'shareware or freeware distributor' +by this license, and the following grant of permission does not apply +to them. + +Additionally, the following only applies to distributors of collected +programs; anyone wishing to bundle the package with a shareware +product must use the commercial bundling rules set out below under +"CONDITIONS FOR COMMERCIAL BUNDLING". Also, a distribution that would +otherwise have qualified under the 'shareware/freeware distributor' +terms, but which is constructed in such a way that it would be of +little or no practical use without POV-Ray[tm], is considered commercial +and must use the commercial bundling rules. + +Shareware and freeware distribution companies may distribute the +Software included in software- only compilations using media such as, +but not limited to, floppy disk, CD-ROM, tape backup, optical disks, +hard disks, or memory cards. + +Distribution on CD-ROM or high capacity media such as backup tape is +permitted if the total cost to the user is no more than two (2) U.S. +cents per megabyte of data. For example a CD-ROM with 600 meg could +cost no more than US$12.00 at any point of sale, including the point +of sale to the consumer. Companies or individuals that distribute to +resellers hereby agree that they will be in breach of this license if +any of their resellers breach this license and such companies or +individuals indemnify the POV-Team[tm] accordingly. + +Any bundling with books, magazines or other print media must have the +prior written approval of the POV-Team[tm]. If we do approve of such +publication, you must provide us with two (2) copies of the +publication in question as soon as it is released. In the case of +magazines, we normally approve such requests, subject to the +conditions in this document. + +For floppy disk distribution, no more than one US dollar (US$1.00) +can be charged per disk for the copying of this Software and the +media it is provided on. Space on each disk must be used as fully as +possible. You may not spread the files over more disks than are +necessary. + +The users to whom you wish to distribute the Software must also agree +to be bound by the terms and conditions of this License Agreement. +You indemnify the POV-Team[tm] from any loss or harm which it may suffer +as a result of your failure to ensure that the users to whom you are +distributing the Software have agreed to be bound by the terms and +conditions of this License Agreement. + +ONLINE OR REMOTE EXECUTION OF POV-RAY + +Some internet sites have been set up so that remote users can +actually run POV-Ray[tm] software on the internet server. Other +companies sell CPU time for running POV-Ray[tm] software on workstations +or high-speed computers. Such use of POV-Ray[tm] software is permitted +under the following conditions. + +Fees or charges, if any, for such services must be for connect time, +storage or processor usage ONLY. No premium charges may be assessed +for use of POV-Ray[tm] beyond that charged for use of other software. +Users must be clearly notified that they are being charged for use of +the computer and not for use of POV-Ray[tm] software. + +Users must be prominently informed that they are using POV-Ray[tm] +software, that such software is free, and where they can find +official POV-Ray[tm] software. Any attempt to obscure the fact that the +user is running POV-Ray[tm] is expressly prohibited. + +All files normally available in a full package distribution, +especially a copy of this license and full documentation must be +available for download or readable online so that users of an online +executable have access to all of the material of a full user package. +The full user package is the entire distribution for a given platform +excluding the actual program files. The distributor must also ensure +that the users have agreed to be bound by the terms and conditions of +this license, failing which such users may not download or view or +use the Software. + +If the POV-Ray[tm] software has been modified in any way, it must also +comply with the provisions for custom versions set out under +"CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS" below. + +DEFINITION OF "FULL PACKAGE" + +A "full package" contains an executable program, documentation, and +sample scenes. For generic Unix platforms, there are no executables +available so the source code must be included instead of the +executable program, unless you choose to build one (in which case you +must comply with the terms for unofficial versions, found below). + +POV-Ray[tm] is officially distributed for Windows 95/98/NT; Linux for +Intel x86 series; and Apple PowerPC. Other systems may be added in +the future. + +Distributors need not support all platforms but for each platform you +support you must distribute a full package. For example a Macintosh +only CD-ROM need not distribute the Windows versions. + +This Software may ONLY be bundled with other software packages +according to the conditions specified under "CONDITIONS FOR +COMMERCIAL BUNDLING" below. + +PERMITTED MODIFICATION AND CUSTOM VERSIONS + +Although the full source code for POV-Ray[tm] is distributed, there are +strict rules for the use of the source code. The source distribution +is provided to; 1) promote the porting of POV-Ray[tm] to hardware and +operating systems which the POV-Team[tm] cannot support, 2) promote +experimentation and development of new features to the core code +which might eventually be incorporated into the official version, and +3) provide insight into the inner workings of the program for +educational purposes. + +These license provisions have been established to promote the growth +of POV-Ray[tm] and prevent difficulties for users and developers alike. +Please follow them carefully for the benefit of all concerned when +creating a custom version. + +The user is granted the privilege to modify and compile the source +code for their own personal use in any fashion they see fit. + +However strict conditions and restrictions are imposed if the user +wishes to distribute a modified version of the Software, +documentation or other parts of the package (hereafter referred to as +a "custom version"). This includes any translation of the +documentation into other languages or other file formats. + +A "custom version" is defined as a fully functional version of +POV-Ray[tm] with all existing features, copyright notices, author +attributions, this License Agreement, etc., intact. ANY OTHER USE OF +ANY POV-RAY SOURCE CODE IS EXPRESSLY PROHIBITED. The POV-Team[tm] does +not license source code for any use outside POV-Ray[tm]. No portion of +the POV-Ray[tm] source code may be, under any circumstances, +incorporated into another program unless it is clearly a custom +version of POV-Ray[tm] that includes all of the functions of the +POV-Ray[tm] renderer. + +All executables, documentation, modified files and descriptions of +the same must clearly identify themselves as a modified and +unofficial version of POV-Ray[tm]. Any attempt to obscure the fact that +the user is running POV-Ray[tm] or to obscure that it is an unofficial +version is expressly prohibited. + +POV-Ray[tm] may not be linked into other software either at compile-time +using an object code linker nor at run-time as a DLL, ActiveX, or +other system. Such linkage can tend to blur the end- user's +perception of which program provides which functions and thus +qualifies as an attempt to obscure what is running. + +To allow POV-Ray[tm] to communicate with outside programs, the official +versions of POV-Ray[tm] may include internal communication "hooks" for +it to call other tasks, often called an Application Programming +Interface, or API. For example: the generic part of POV-Ray[tm] provides +operating system shell-out API commands. The Windows version has a +GUI-extension API and the ability to replace the text editor. +Modification to these APIs or other officially supported +communication mechanisms to increase functionality beyond that of the +official version, or to avoid the intent of this license, is +EXPRESSLY PROHIBITED. + +CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS + +If your re-compiled version meets all requirements for custom +versions listed above under "PERMITTED MODIFICATION AND CUSTOM +VERSIONS", the following additional conditions apply to its +distribution: + +You must provide all support for all users who use your custom +version. You must provide information so that users may contact you +for support for your custom version. The POV-Ray[tm] Team is not +obligated to provide you or your users any technical support. + +You must include contact information in the DISTRIBUTION_MESSAGE +macros in the source file OPTOUT.H and insure that the program +prominently displays this information. You must ensure that your +version displays all copyright notices and credit screens for the +official version, though they must be clearly marked as unofficial. + +The purpose of this next requirement is to allow the official +POV-Ray[tm] to detect scene files that are incompatible with it by +testing the #version declaration. It can then tell the user why the +given scene file will not work, rather than issue what could be +confusing syntax errors or perform erroneous rendering. This results +in a better experience for the end users of this Software. + +If your custom version contains any feature that would cause a +POV-Ray[tm] scene source file that works on your version to fail or +otherwise work incorrectly on either the current official version of +POV-Ray[tm], or on the official version that was built from the version +of the source that you are using for your custom version, you must +include code that checks that the scene source file has a #version +directive that includes the 'unofficial' token, and you must only +activate your changes (including, but not limited to, new keywords) +if that #version directive is present. If it is not present your +custom version must work in the same way as the standard POV-Ray[tm] +that it is built from. An example of a correct 'unofficial' #version +declaration is '#version unofficial megapov 0.7 ;'. + +Custom versions may only be distributed as freeware and under terms +no less restrictive than this license. You must make all of your +modifications to POV-Ray[tm] freely and publicly available with FULL +SOURCE CODE to the modified portions of POV-Ray[tm] and must freely +distribute full source to any new parts of the custom version. The +goal is that users must be able to re-compile the program themselves +using readily available compilers and run-time libraries and to be +able to further improve the program with their own modifications. + +You must provide documentation for any and all modifications that you +have made to the program that you are distributing and include clear +and obvious information on how to obtain the official POV-Ray[tm]. + +The user is encouraged to send enhancements and bug fixes to the +POV-Team[tm], but the team is in no way required to utilize these +enhancements or fixes. By sending material to the team, the +contributor asserts and warrants that he owns the materials or has +the right to distribute these materials. He authorizes the team to +use the materials any way they like. The contributor still retains +rights to the donated material, but by donating, grants, and warrants +that he is entitled to grant unrestricted, irrevocable usage and +distribution rights to the POV-Team[tm] and indemnifies them against any +claims of unauthorized use of the donated software or any technology +contained or expressed within it. The team doesn't have to use the +material, but if it does, you do not acquire any rights related to +POV-Ray[tm]. The team may give you credit as the creator of new code if +applicable. + +You must include a copy of the latest version of this document as +obtained from http://www.povray.org/povlegal.html, and ensure that +the user has agreed to be bound by the terms and conditions of use as +set out in this License Agreement. You indemnify the POV- Team for +any harm or loss which they may suffer as a result of your failure to +do so. + +CONDITIONS FOR COMMERCIAL BUNDLING + +Vendors wishing to bundle POV-Ray[tm] (or any software that is derived +from it or any part of it) with commercial software (including +shareware) or any other use or distribution not already expressly +allowed above must first obtain express written permission from the +POV-Team[tm]. The POV-Team[tm] will, in its sole discretion, decide if such +Use will be allowed on a case-by-case basis and may impose whatever +conditions it sees fit. + +For commercial distribution, the minimum terms are given below. Other +conditions may be imposed. + +The product must be an existing product that has proven itself as +commercially viable without POV-Ray[tm] included, unless the POV-Team +expressly grants exception to this rule. Such exceptions will not be +granted unless it can be demonstrated that POV-Ray or the POV-Ray +community would somehow benefit from allowing such an exception. + +The inclusion of POV-Ray[tm] should be promoted only as a free bonus and +not as a feature designed to encourage customers to purchase or +upgrade solely for the POV-Ray[tm] capability. + +Purchasers of your product must not be led to believe that they are +paying for POV-Ray[tm]. Any mention of the POV-Ray[tm] bundle on the box, +in advertising or in instruction manuals must be clearly marked with +a disclaimer that POV-Ray[tm] is free software and can be obtained for +free or nominal cost from various sources. + +You must include clear and obvious information on how to obtain +POV-Ray[tm] via our official distribution points. + +You must provide all POV-Ray[tm] support for all users who acquired +POV-Ray[tm] through your product. The POV-Team[tm] is not obligated to +provide you or your customers any technical support. + +You must include a credit page or pages in your documentation for +POV-Ray[tm]. + +If you modify any portion of POV-Ray[tm] for use with your hardware or +software, you must follow the custom version rules in addition to +these rules. + +You must include contact and support information for your product. + +You must include a full user package as described in "ONLINE OR +REMOTE EXECUTION OF POV-RAY" above , including the License Agreement +which the user must agree to be bound by. + +POV-TEAM ENDORSEMENT PROHIBITION + +On rare occasions, the POV-Team[tm] endorses distributions in which +POV-Team[tm] members are compensated participants and to which the +POV-Team[tm] has given approval. + +Without specific approval, distributors (whether free or commercial) +must not claim or imply in any way that the POV-Team[tm] officially +endorses or supports the distributor or the product (such as CD, +book, or magazine) associated with the distribution. + +You may not claim or imply that the POV-Team[tm] derives any benefit +from your distribution. + +If you wish to emphasize that your distribution is legal, you may use +this language "This distribution of the official version of POV-Ray[tm] +is permitted under the terms of the General License in the file +POVLEGAL.DOC. The POV-Team[tm] does not endorse the distributor or its +products. The POV-Team[tm] receives no compensation for this +distribution." + +RETAIL VALUE OF THIS SOFTWARE + +Although POV-Ray[tm] is, when distributed within the terms of this +agreement, free of charge, the retail value (or price) of this +program is determined as US$30.00 per copy distributed or copied. If +the Software is distributed or copied without authorization the +person(s) or entity(ies) responsible or involved are each legally +liable to the maximum extent permitted by law for the full amount of +this debt to the copyright holder, or any other person or +organization delegated by the copyright holder for the collection of +this debt. + +However, the above paragraph in no way constitutes permission to +distribute this Software outside of the terms of this agreement. In +particular, the conditions and debt mentioned above (whether paid or +unpaid) do not allow you to avoid statutory damages or other legal +penalties and does not constitute any agreement that would allow you +to avoid such other legal remedies as are available to the copyright +holder. + +Put simply, POV-Ray[tm] is only free if you comply with our distribution +conditions; it is not free otherwise. The copyright holder of this +Software chooses to give it away free under these and only these +conditions. If you distribute this Software in violation of this +license, what you are doing is no different than if you took a copy +of a commercial software product and distributed it without the +permission of the copyright holder of that product. + +For the purpose of copyright regulations and/or statutory damages +provisions, the retail value of this Software is US$30.00 per copy. + +USE OF THE POV-RAY SCENE LANGUAGE + +The team permits and encourages the creation of programs, including +commercial packages, which import, export or translate files in the +POV-Ray[tm] Scene Description Language. Subject to the requirement in +the following paragraph, there are no restrictions on the use of the +language itself (this does not include the source code that we use to +implement the language). + +The POV-Team[tm] reserves the right to add or remove or change any part +of the language. Prior to using the POV-Ray[tm] scene language, you +agree that you will not hold the POV-Team[tm], or anyone associated with +it, or the contributor or author or initiator of any such change, in +any way responsible for whatever happens to you or your product, +program, or whatever use you put the scene language to, as a direct +or indirect result of any such change or changes. This explicitly +includes, but is not limited to, any lost compatibility, lost +profits, bugs, extra development or maintenance, public or private +embarrassment or public relations problems. Your attention is drawn +to the "NO LIABILITY AND INDEMNITY " provisions above to which you +agree to be bound. + +TRADEMARKS + +"POV-Ray[tm]", "Persistence of Vision", "POV-Team[tm]" and "POV-Help" are +trademarks of the POV-Team[tm]. Any other trademarks referred to herein +are the property of their respective holders. You undertake not to +use, apply for, or register anywhere in the world, any word, name, +trade mark or device which is substantially identical or deceptively +or confusingly similar to any of the POV- Team's[tm] trade marks. + +REVOCATION OF LICENSE + +VIOLATION OF THIS LICENSE IS A VIOLATION OF COPYRIGHT LAWS. IT WILL +RESULT IN REVOCATION OF ALL PRIVILEGES GRANTED BY IT AND MAY RESULT +IN CIVIL OR CRIMINAL LIABILITY . + +Violators who are prohibited from distribution may from time to time +be identified in this document. + +In this regard, "PC Format", a magazine published at the time by +Future Publishing, Ltd. in the United Kingdom, distributed incomplete +versions of POV-Ray[tm] 1.0 in violation of the license which was in +effect at the time. They later attempted to distribute POV-Ray[tm] 2.2 +without prior permission of the POV-Team[tm] in violation of the license +which was in effect at the time. After the POV-Team[tm] was made aware +of their intent, they were contacted and were granted permission in +return for certain promises they made. They subsequently failed to +honor these promises. + +There is evidence that other Future Publishing companies have also +violated our terms. PC Format's actions, particularly in relation to +the incomplete v1.0 distribution (which simply didn't work properly +due to files that had been deleted to fit on the magazine's cover +floppy disk - causing many users to blame us for the faults and +complain to us in email) caused us un-needed stress and support +headaches. + +Therefore "PC Format", and any other magazine, book, CD-ROM, or any +other type of publication owned in whole or part by, or related in +any other way, to Future Publishing is expressly prohibited from any +distribution of POV-Ray[tm] software. + +MISCELLANEOUS + +This Agreement constitutes the complete agreement concerning this +license. Any changes to this agreement must be in writing and may +take the form of notifications by the POV-Team[tm] to you, or through +posting notifications on our website. The use of this Software by any +person is expressly made conditional on their acceptance of the terms +set forth herein. If any provision of this Agreement is found to be +invalid or unenforceable, the invalidity or unenforceability of such +provision shall not affect the other provisions of this agreement and +all provisions not affected by such invalidity or unenforceability +shall remain in full force and effect. You agree to attempt to +substitute for invalid or unenforceable provision a valid or +enforceable provision which achieves to the greatest extent possible, +the objectives and intention of the invalid or unenforceable +provision. The validity and interpretation of this agreement will be +governed by the laws of Australia in the state of Victoria (except +for conflict of law provisions). + +CONTACT INFORMATION + +License inquiries can be made via email; please check the POV-Ray[tm] +website and the online copy of this document at +http://www.povray.org/povlegal.html for the current email address of +the team leader. (Unfortunately we cannot include it here as we have +to change it from time to time due to spam email being sent to the +address). + +The following postal address is only for official license business +and only if email is impossible. + +We do not provide technical support. We will not mail you disks with +updated versions. Please do not send money. If you want to know how to +support us, please see http://www.povray.org/supporting-povray.html. + + POV-Team + C/O Hallam Oaks P/L + PO Box 407 + Williamstown, + Victoria 3016 + Australia + + |