Skip to content

HTTPS clone URL

Subversion checkout URL

You can clone with HTTPS or Subversion.

Download ZIP
Newer
Older
100644 745 lines (625 sloc) 40.199 kb
b59e7c3 Update povray to version 3.50c
gavan authored
1 POV-Ray Legal Document
2
3 GENERAL LICENSE AGREEMENT
4 Persistence of Vision[tm] Ray Tracer (POV-Ray[tm])
5 Version 3.5 License and Terms & Conditions of Use
6 14 April 2002
7 (also known as POVLEGAL.DOC)
8
9 PLEASE READ THROUGH THE TERMS AND CONDITIONS OF THIS LICENSE
10 CAREFULLY. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF
11 WARRANTY AND NO LIABILITY AND INDEMNITY PROVISIONS. TO USE AND/OR
12 DISTRIBUTE PERSISTENCE OF VISION[tm] RAY TRACER ("POV-RAY[tm]") YOU MUST
13 AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS
14 DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE
15 OF POV-RAY[tm] SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND
16 CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY
17 NOT USE AND/OR DISTRIBUTE POV- RAY[tm] IN ANY MANNER. THIS GENERAL
18 LICENSE AGREEMENT MUST ACCOMPANY ALL PERSISTENCE OF VISION FILES
19 WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE
20 REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE
21 OF PERSISTENCE OF VISION WORLDWIDE. THIS DOCUMENT SUPERSEDES AND
22 REPLACES ALL PREVIOUS GENERAL LICENSES OR DISTRIBUTION POLICIES. ANY
23 INDIVIDUALS, COMPANIES OR GROUPS WHO HAVE BEEN GRANTED LICENSES FOR
24 EARLIER VERSIONS MAY CONTINUE TO DISTRIBUTE THEM BUT MUST RE-APPLY
25 FOR VERSION 3.5 OR LATER VERSIONS.
26
27 INTRODUCTION
28
29 This document pertains to the use and distribution of the Persistence
30 of Vision[tm] Ray Tracer a.k.a POV-Ray[tm] and known in this document as
31 POV-Ray[tm] or 'the Software'. It applies to all POV- Ray[tm] program
32 source files, executable (binary) files, scene files, documentation
33 files, help file, bitmaps and INI files contained in official
34 POV-Team[tm] archives. All of these are referred to here as "the
35 Software". The POV-Team[tm] reserves the right to revise these rules in
36 future versions and to make additional rules to address new
37 circumstances at any time. Such rules, when made, will be posted in a
38 revised POVLEGAL.DOC, the latest version of which is available from
39 our website at http://www.povray.org/povlegal.html. The POV-Team[tm]
40 are the programmers and assistants from time to time who work as part
41 of the "POV-Team" in the development, modification and/or
42 distribution of the Software.
43
44 INTENT OF THIS LICENSE
45
46 The intent of this license is to allow the free and legal
47 distribution of POV-Ray[tm] throughout the community, and to permit
48 users to freely enjoy its benefits. The POV-Ray[tm] developers, past and
49 present, have donated their time and in some cases considerable
50 amounts of their own money towards the development of this software
51 package, which we provide for no charge (within the constraints of
52 this license) to the public at large.
53
54 The POV-Ray[tm] developers decided, long ago (about 1990), that they did
55 not want the free nature of this package to be sullied by
56 unscrupulous third parties who wanted to make a quick buck from the
57 developer's hard work. This decision was made after some practical
58 experience with just such activity. We have strong objections to
59 end-users having to pay for this software when they could have
60 received it for free had they only known better.
61
62 Though this may seem an unlikely scenario for those used to the
63 internet and aware of the free availability of POV-Ray[tm], this in fact
64 does to this day still happen. As this updated POVLEGAL is being
65 written (in 2001) there is at least one CD that we know of - being
66 sold both on the internet and in stores - that is presented to
67 potential purchasers as a 3D rendering product, with nothing present
68 on the exterior that would lead the buyer to believe that the
69 renderer inside is in fact a free program (namely, POV-Ray[tm]).
70
71 Therefore, the intent of this license is to encourage free
72 distribution and use, while severely restricting non-free
73 distribution and use. Some of the more wordy sections below dealing
74 with third-party distribution have only become so because some
75 commercial vendors found some fairly imaginative ways to avoid the
76 intent of this license. If your intended use of the Software seems to
77 conflict with this basic intent, you should contact us before
78 proceeding with your plans (but read the rest of this document before
79 you write).
80
81 WHY ISN'T POV-RAY OPEN SOURCE ?
82
83 While this explanation doesn't really belong in this document, we are
84 asked it often enough that we have decided to put it here. While the
85 POV-Ray[tm] source code is freely available, it isn't 'open' according
86 to the currently popular definition of the term (meaning that it
87 isn't available to create derivative works). The reasons for this are
88 historical. Primarily, at the time that POV-Ray[tm] was originally
89 developed (starting in about 1990), on Compuserve, it was a different
90 environment than today. Virtually none of the developers had internet
91 access and there wasn't a great awareness of things like the GPL. The
92 team at that time rolled their own license - one that allowed free
93 use of the software but attempted to prevent people taking unfair
94 advantage of it.
95
96 As people contributed code to POV-Ray[tm] over the years - and there
97 have been many instances of this - they contributed it to us on the
98 understanding that it would be covered by the POV-Ray[tm] license, as it
99 stood at the time. Now, in 2001, we find that in many cases we don't
100 know who wrote what part of the code, or that the author is
101 uncontactable. We simply don't have the right to arbitrarily change
102 the terms under which their source code is distributed. Even though
103 it was contributed to us, we feel that we must honor the terms under
104 which it was given. Therefore, POV- Ray[tm] will remain on this existing
105 license until we do a full re-write (which is intended for v4), at
106 which time a new license will be instituted that is far more liberal
107 in terms of reuse.
108
109 COPYRIGHT
110
111 Copyright ©, POV-Team[tm] 1991-2002. Copyright subsists in the Software
112 which is protected by Australian and international copyright laws.
113 Although it is distributed as freeware, it is NOT PUBLIC DOMAIN. You
114 acknowledge that any and all intellectual property rights including
115 all rights of copyright used or embodied in or in connection with the
116 Software are and will remain the sole property of the POV-Team[tm]. You
117 shall not question or dispute the ownership of such rights at any
118 time. Nothing in this document shall give you any rights in respect
119 of the intellectual property of the POV-Team[tm] and you acknowledge
120 that you do not acquire any rights in respect of such intellectual
121 property rights. If you use, modify or distribute the Software for
122 unauthorized purposes or in an unauthorized manner, you will be
123 liable to the POV-Team[tm] for any damages it may suffer (and which you
124 acknowledge it may suffer) and you may also be liable to criminal
125 prosecution. You indemnify the POV-Team[tm] for every single consequence
126 flowing from your unauthorized use of the Software.
127
128 DISCLAIMER OF WARRANTY
129
130 This Software is provided on an "AS IS" basis, without warranty of
131 any kind, express or implied, including without limitation, the
132 implied warranties of merchantability, fitness for a particular
133 purpose and non-infringement of intellectual property of any third
134 party. This Software has inherent limitations including design faults
135 and programming bugs. As the program is free, the entire risk as to
136 the quality and performance of the Software is borne by you, and it
137 is your responsibility to ensure that it does what you intend it to
138 do prior to using it for any purpose other than testing it. Should
139 the Software prove defective, you and not the POV-Team[tm] or anyone
140 associated with them assume the entire cost of any service and
141 repair. This disclaimer of warranty constitutes an essential and
142 material term of this agreement.
143
144 NO LIABILITY AND INDEMNITY
145
146 When you use the Software you acknowledge and accept that you do so
147 at your sole risk. You agree that under no circumstances shall you
148 have any claim against the POV-Team[tm] or anyone associated directly
149 or indirectly with the POV-Team[tm] whether as employee, subcontractor,
150 agent, representative, consultant, licensee or otherwise ("POV-Team[tm]
151 associates") for any loss, damages, harm, injury, expense, work
152 stoppage, loss of business information, business interruption,
153 computer failure or malfunction which may be suffered by you or by
154 any third party from any cause whatsoever, howsoever arising, in
155 connection with your use and/or distribution of the Software even
156 where the POV-Team[tm] were aware, or ought to have been aware, of the
157 potential of such loss. Damages shall include direct, indirect,
158 general, special, incidental, punitive and/or consequential. If you
159 do not accept this no liability condition, you must not use this
160 Software.
161
162 You indemnify the POV-Team[tm] and the POV-Team[tm] associates and hold
163 them harmless against any claims which may arise from any loss,
164 damages, harm, injury, expense, work stoppage, loss of business
165 information, business interruption, computer failure or malfunction,
166 which may be suffered by you, your spouse, dependants or any other
167 third party whatsoever as a consequence of any act or omission of the
168 POV-Team[tm] and/or the POV-Team[tm] associates, whether negligent or not,
169 arising out of your use and/or distribution of the Software, or from
170 any other cause whatsoever, howsoever arising in connection with the
171 Software. These provisions are binding on your estate, heirs,
172 executors, administrators, parents and/or guardians.
173
174 HIGH RISK ACTIVITIES
175
176 This Software and the output produced by this Software is not
177 fault-tolerant and is not designed, manufactured or intended for use
178 or resale as on-line control equipment in hazardous environments
179 requiring fail-safe performance, in which the failure of the Software
180 could lead directly to death, personal injury, or severe physical or
181 environmental damage ("High Risk Activities"). The POV-Team
182 specifically disclaim any express or implied warranty of fitness for
183 High Risk Activities.
184
185 USAGE PROVISIONS
186
187 Subject to the terms and conditions of this agreement, permission is
188 granted to the user to use the Software and associated files in this
189 package to create and render images. The use of this Software for the
190 purpose of creating images is completely free. The creator of a scene
191 file retains all rights to the scene file they created, and any image
192 generated by the Software from them.
193
194 The user is also granted the right to use the scene files, fonts,
195 bitmaps, and include files distributed in the INCLUDE and
196 SCENES\INCDEMO sub-directories in their own scenes. Such permission
197 does not extend to any other files in the SCENES directory or its
198 sub-directories. The SCENES files are for your enjoyment and
199 education but may not be the basis of any derivative works unless the
200 file in question explicitly grants permission to do such.
201
202 ACCEPTANCE OF LICENSE
203
204 Some jurisdictions deem licenses that have not been physically signed
205 by the person or legal entity using the software which is the subject
206 of the license to have not been accepted in a legal sense. However,
207 since you have not paid for this Software, nothing else other than
208 acceptance of this license in full grants you the right to use,
209 modify, or distribute it or any derivative works made from it. By
210 using, modifying, making a derivative work, or distributing any part
211 or version of the Software, you indicate your acceptance of this
212 License and all of its terms and conditions. If you have not accepted
213 the license such actions would be illegal.
214
215 DISTRIBUTION AND/OR MODIFICATION
216
217 This copyrighted package may ONLY be distributed and/or modified
218 according to the terms and conditions contained in this License
219 Agreement.
220
221 The permission to distribute this Software, under certain very
222 specific conditions, is granted in advance, provided that the
223 following conditions are met. If your distribution, or intended
224 distribution, does not meet these conditions, you may not distribute
225 the Software.
226
227 Anyone intending to distribute this Software must ensure that they
228 comply with our license at all times. If you are intending to
229 distribute POV-Ray[tm] and are not reading the master copy of this
230 license found on our web site at http://www.povray.org/povlegal.html,
231 you should instead read that version, as it may have changed since
232 the copy that you are reading was written.
233
234 The Software must not be distributed commercially (where 'commercially'
235 means any distribution that would qualify under the terms of the
236 'CONDITIONS FOR COMMERCIAL BUNDLING' section which appears later in
237 this document) without the express written permission of the POV-Team.
238 This restriction applies not only to this Software but also to any
239 derivative of it or any part of it.
240
241 You may not distribute (or continue to distribute if you have already
242 started) the Software if you have been or are in breach of any of the
243 conditions of this license, or if you or your legal representatives
244 have been notified by us or our authorized representatives (via
245 telephone, email, fax, or physical mail to the last known contact
246 point for that communication method) that you may not.
247
248 The Software must not be distributed in a form different from the
249 official distribution without the express, prior, written permission
250 of the POV-Team[tm]. The official distribution are those official
251 versions which appear on our website from time to time. You may
252 rename the distribution files only to meet the file name conventions
253 of your system or to avoid file name duplications. The POV-Team[tm] is
254 willing to make exceptions in certain circumstances (e.g. to allow
255 Linux vendors to use RPM), but these are on a case-by-case basis.
256 Please write us if you would like to do this.
257
258 You must distribute a FULL PACKAGE of files as defined under
259 "DEFINITION OF FULL PACKAGE" below, in the next section. No portion
260 of this package may be separated from the package and distributed
261 separately other than under the conditions specified in the
262 provisions given below.
263
264 Any physical distribution (that is, by any means other than online
265 download) of POV-Ray[tm] by any person or organisation, for any purpose
266 other than personal sharing of the software, must include full
267 contact details of the distributor. This includes at the very least a
268 valid physical mailing address (including country), a telephone
269 number if the distributor provides that for any of its other
270 products, and a working, manned email address if the distributor has
271 an internet presence of any sort. If the distributor has a web site
272 then its URL must also be included.
273
274 Only non-commercial distribution in which no money or compensation is
275 charged (such as a user copying the Software for a personal friend or
276 colleague) is permitted. No other restrictions may be placed on the
277 distribution of the Software.
278
279 Internet distribution of our official archives on web or FTP sites is
280 permitted, provided that no charge is made for downloading or
281 accessing the files (other than the normal fees the user pays to
282 access the internet), and that the versions distributed are the
283 latest available (or that, in the case of a web page, a clearly
284 positioned link is provided to the latest version, and in the case of
285 an FTP site, that the latest version is present in the same
286 subdirectory).
287
288 Teachers and educational institutions may also distribute the
289 material to students for free or they may charge minimal copying
290 costs if the Software is to be used in a course.
291
292 Any other distribution for which money or any other compensation is
293 asked for or received must meet the terms and conditions set out
294 below.
295
296 CONDITIONS FOR CD-ROM DISTRIBUTION
297 CONDITIONS FOR SHAREWARE/FREEWARE DISTRIBUTION
298
299 A 'shareware and freeware distributor', for the purpose of this
300 document, is one which CLEARLY IDENTIFIES itself as such to anyone
301 dealing with it or its resellers, both in general, and also with
302 respect to the interior and exterior packaging of any products it
303 sells. If there is any possibility that a person, prior to or after
304 performing a purchase of any shareware or freeware product from the
305 distributor or any reseller of the distributor, would not be aware
306 that they are receiving shareware or freeware software, then that
307 distributor is NOT considered a 'shareware or freeware distributor'
308 by this license, and the following grant of permission does not apply
309 to them.
310
311 Additionally, the following only applies to distributors of collected
312 programs; anyone wishing to bundle the package with a shareware
313 product must use the commercial bundling rules set out below under
314 "CONDITIONS FOR COMMERCIAL BUNDLING". Also, a distribution that would
315 otherwise have qualified under the 'shareware/freeware distributor'
316 terms, but which is constructed in such a way that it would be of
317 little or no practical use without POV-Ray[tm], is considered commercial
318 and must use the commercial bundling rules.
319
320 Shareware and freeware distribution companies may distribute the
321 Software included in software- only compilations using media such as,
322 but not limited to, floppy disk, CD-ROM, tape backup, optical disks,
323 hard disks, or memory cards.
324
325 Distribution on CD-ROM or high capacity media such as backup tape is
326 permitted if the total cost to the user is no more than two (2) U.S.
327 cents per megabyte of data. For example a CD-ROM with 600 meg could
328 cost no more than US$12.00 at any point of sale, including the point
329 of sale to the consumer. Companies or individuals that distribute to
330 resellers hereby agree that they will be in breach of this license if
331 any of their resellers breach this license and such companies or
332 individuals indemnify the POV-Team[tm] accordingly.
333
334 Any bundling with books, magazines or other print media must have the
335 prior written approval of the POV-Team[tm]. If we do approve of such
336 publication, you must provide us with two (2) copies of the
337 publication in question as soon as it is released. In the case of
338 magazines, we normally approve such requests, subject to the
339 conditions in this document.
340
341 For floppy disk distribution, no more than one US dollar (US$1.00)
342 can be charged per disk for the copying of this Software and the
343 media it is provided on. Space on each disk must be used as fully as
344 possible. You may not spread the files over more disks than are
345 necessary.
346
347 The users to whom you wish to distribute the Software must also agree
348 to be bound by the terms and conditions of this License Agreement.
349 You indemnify the POV-Team[tm] from any loss or harm which it may suffer
350 as a result of your failure to ensure that the users to whom you are
351 distributing the Software have agreed to be bound by the terms and
352 conditions of this License Agreement.
353
354 ONLINE OR REMOTE EXECUTION OF POV-RAY
355
356 Some internet sites have been set up so that remote users can
357 actually run POV-Ray[tm] software on the internet server. Other
358 companies sell CPU time for running POV-Ray[tm] software on workstations
359 or high-speed computers. Such use of POV-Ray[tm] software is permitted
360 under the following conditions.
361
362 Fees or charges, if any, for such services must be for connect time,
363 storage or processor usage ONLY. No premium charges may be assessed
364 for use of POV-Ray[tm] beyond that charged for use of other software.
365 Users must be clearly notified that they are being charged for use of
366 the computer and not for use of POV-Ray[tm] software.
367
368 Users must be prominently informed that they are using POV-Ray[tm]
369 software, that such software is free, and where they can find
370 official POV-Ray[tm] software. Any attempt to obscure the fact that the
371 user is running POV-Ray[tm] is expressly prohibited.
372
373 All files normally available in a full package distribution,
374 especially a copy of this license and full documentation must be
375 available for download or readable online so that users of an online
376 executable have access to all of the material of a full user package.
377 The full user package is the entire distribution for a given platform
378 excluding the actual program files. The distributor must also ensure
379 that the users have agreed to be bound by the terms and conditions of
380 this license, failing which such users may not download or view or
381 use the Software.
382
383 If the POV-Ray[tm] software has been modified in any way, it must also
384 comply with the provisions for custom versions set out under
385 "CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS" below.
386
387 DEFINITION OF "FULL PACKAGE"
388
389 A "full package" contains an executable program, documentation, and
390 sample scenes. For generic Unix platforms, there are no executables
391 available so the source code must be included instead of the
392 executable program, unless you choose to build one (in which case you
393 must comply with the terms for unofficial versions, found below).
394
395 POV-Ray[tm] is officially distributed for Windows 95/98/NT; Linux for
396 Intel x86 series; and Apple PowerPC. Other systems may be added in
397 the future.
398
399 Distributors need not support all platforms but for each platform you
400 support you must distribute a full package. For example a Macintosh
401 only CD-ROM need not distribute the Windows versions.
402
403 This Software may ONLY be bundled with other software packages
404 according to the conditions specified under "CONDITIONS FOR
405 COMMERCIAL BUNDLING" below.
406
407 PERMITTED MODIFICATION AND CUSTOM VERSIONS
408
409 Although the full source code for POV-Ray[tm] is distributed, there are
410 strict rules for the use of the source code. The source distribution
411 is provided to; 1) promote the porting of POV-Ray[tm] to hardware and
412 operating systems which the POV-Team[tm] cannot support, 2) promote
413 experimentation and development of new features to the core code
414 which might eventually be incorporated into the official version, and
415 3) provide insight into the inner workings of the program for
416 educational purposes.
417
418 These license provisions have been established to promote the growth
419 of POV-Ray[tm] and prevent difficulties for users and developers alike.
420 Please follow them carefully for the benefit of all concerned when
421 creating a custom version.
422
423 The user is granted the privilege to modify and compile the source
424 code for their own personal use in any fashion they see fit.
425
426 However strict conditions and restrictions are imposed if the user
427 wishes to distribute a modified version of the Software,
428 documentation or other parts of the package (hereafter referred to as
429 a "custom version"). This includes any translation of the
430 documentation into other languages or other file formats.
431
432 A "custom version" is defined as a fully functional version of
433 POV-Ray[tm] with all existing features, copyright notices, author
434 attributions, this License Agreement, etc., intact. ANY OTHER USE OF
435 ANY POV-RAY SOURCE CODE IS EXPRESSLY PROHIBITED. The POV-Team[tm] does
436 not license source code for any use outside POV-Ray[tm]. No portion of
437 the POV-Ray[tm] source code may be, under any circumstances,
438 incorporated into another program unless it is clearly a custom
439 version of POV-Ray[tm] that includes all of the functions of the
440 POV-Ray[tm] renderer.
441
442 All executables, documentation, modified files and descriptions of
443 the same must clearly identify themselves as a modified and
444 unofficial version of POV-Ray[tm]. Any attempt to obscure the fact that
445 the user is running POV-Ray[tm] or to obscure that it is an unofficial
446 version is expressly prohibited.
447
448 POV-Ray[tm] may not be linked into other software either at compile-time
449 using an object code linker nor at run-time as a DLL, ActiveX, or
450 other system. Such linkage can tend to blur the end- user's
451 perception of which program provides which functions and thus
452 qualifies as an attempt to obscure what is running.
453
454 To allow POV-Ray[tm] to communicate with outside programs, the official
455 versions of POV-Ray[tm] may include internal communication "hooks" for
456 it to call other tasks, often called an Application Programming
457 Interface, or API. For example: the generic part of POV-Ray[tm] provides
458 operating system shell-out API commands. The Windows version has a
459 GUI-extension API and the ability to replace the text editor.
460 Modification to these APIs or other officially supported
461 communication mechanisms to increase functionality beyond that of the
462 official version, or to avoid the intent of this license, is
463 EXPRESSLY PROHIBITED.
464
465 CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS
466
467 If your re-compiled version meets all requirements for custom
468 versions listed above under "PERMITTED MODIFICATION AND CUSTOM
469 VERSIONS", the following additional conditions apply to its
470 distribution:
471
472 You must provide all support for all users who use your custom
473 version. You must provide information so that users may contact you
474 for support for your custom version. The POV-Ray[tm] Team is not
475 obligated to provide you or your users any technical support.
476
477 You must include contact information in the DISTRIBUTION_MESSAGE
478 macros in the source file OPTOUT.H and insure that the program
479 prominently displays this information. You must ensure that your
480 version displays all copyright notices and credit screens for the
481 official version, though they must be clearly marked as unofficial.
482
483 The purpose of this next requirement is to allow the official
484 POV-Ray[tm] to detect scene files that are incompatible with it by
485 testing the #version declaration. It can then tell the user why the
486 given scene file will not work, rather than issue what could be
487 confusing syntax errors or perform erroneous rendering. This results
488 in a better experience for the end users of this Software.
489
490 If your custom version contains any feature that would cause a
491 POV-Ray[tm] scene source file that works on your version to fail or
492 otherwise work incorrectly on either the current official version of
493 POV-Ray[tm], or on the official version that was built from the version
494 of the source that you are using for your custom version, you must
495 include code that checks that the scene source file has a #version
496 directive that includes the 'unofficial' token, and you must only
497 activate your changes (including, but not limited to, new keywords)
498 if that #version directive is present. If it is not present your
499 custom version must work in the same way as the standard POV-Ray[tm]
500 that it is built from. An example of a correct 'unofficial' #version
501 declaration is '#version unofficial megapov 0.7 ;'.
502
503 Custom versions may only be distributed as freeware and under terms
504 no less restrictive than this license. You must make all of your
505 modifications to POV-Ray[tm] freely and publicly available with FULL
506 SOURCE CODE to the modified portions of POV-Ray[tm] and must freely
507 distribute full source to any new parts of the custom version. The
508 goal is that users must be able to re-compile the program themselves
509 using readily available compilers and run-time libraries and to be
510 able to further improve the program with their own modifications.
511
512 You must provide documentation for any and all modifications that you
513 have made to the program that you are distributing and include clear
514 and obvious information on how to obtain the official POV-Ray[tm].
515
516 The user is encouraged to send enhancements and bug fixes to the
517 POV-Team[tm], but the team is in no way required to utilize these
518 enhancements or fixes. By sending material to the team, the
519 contributor asserts and warrants that he owns the materials or has
520 the right to distribute these materials. He authorizes the team to
521 use the materials any way they like. The contributor still retains
522 rights to the donated material, but by donating, grants, and warrants
523 that he is entitled to grant unrestricted, irrevocable usage and
524 distribution rights to the POV-Team[tm] and indemnifies them against any
525 claims of unauthorized use of the donated software or any technology
526 contained or expressed within it. The team doesn't have to use the
527 material, but if it does, you do not acquire any rights related to
528 POV-Ray[tm]. The team may give you credit as the creator of new code if
529 applicable.
530
531 You must include a copy of the latest version of this document as
532 obtained from http://www.povray.org/povlegal.html, and ensure that
533 the user has agreed to be bound by the terms and conditions of use as
534 set out in this License Agreement. You indemnify the POV- Team for
535 any harm or loss which they may suffer as a result of your failure to
536 do so.
537
538 CONDITIONS FOR COMMERCIAL BUNDLING
539
540 Vendors wishing to bundle POV-Ray[tm] (or any software that is derived
541 from it or any part of it) with commercial software (including
542 shareware) or any other use or distribution not already expressly
543 allowed above must first obtain express written permission from the
544 POV-Team[tm]. The POV-Team[tm] will, in its sole discretion, decide if such
545 Use will be allowed on a case-by-case basis and may impose whatever
546 conditions it sees fit.
547
548 For commercial distribution, the minimum terms are given below. Other
549 conditions may be imposed.
550
551 The product must be an existing product that has proven itself as
552 commercially viable without POV-Ray[tm] included, unless the POV-Team
553 expressly grants exception to this rule. Such exceptions will not be
554 granted unless it can be demonstrated that POV-Ray or the POV-Ray
555 community would somehow benefit from allowing such an exception.
556
557 The inclusion of POV-Ray[tm] should be promoted only as a free bonus and
558 not as a feature designed to encourage customers to purchase or
559 upgrade solely for the POV-Ray[tm] capability.
560
561 Purchasers of your product must not be led to believe that they are
562 paying for POV-Ray[tm]. Any mention of the POV-Ray[tm] bundle on the box,
563 in advertising or in instruction manuals must be clearly marked with
564 a disclaimer that POV-Ray[tm] is free software and can be obtained for
565 free or nominal cost from various sources.
566
567 You must include clear and obvious information on how to obtain
568 POV-Ray[tm] via our official distribution points.
569
570 You must provide all POV-Ray[tm] support for all users who acquired
571 POV-Ray[tm] through your product. The POV-Team[tm] is not obligated to
572 provide you or your customers any technical support.
573
574 You must include a credit page or pages in your documentation for
575 POV-Ray[tm].
576
577 If you modify any portion of POV-Ray[tm] for use with your hardware or
578 software, you must follow the custom version rules in addition to
579 these rules.
580
581 You must include contact and support information for your product.
582
583 You must include a full user package as described in "ONLINE OR
584 REMOTE EXECUTION OF POV-RAY" above , including the License Agreement
585 which the user must agree to be bound by.
586
587 POV-TEAM ENDORSEMENT PROHIBITION
588
589 On rare occasions, the POV-Team[tm] endorses distributions in which
590 POV-Team[tm] members are compensated participants and to which the
591 POV-Team[tm] has given approval.
592
593 Without specific approval, distributors (whether free or commercial)
594 must not claim or imply in any way that the POV-Team[tm] officially
595 endorses or supports the distributor or the product (such as CD,
596 book, or magazine) associated with the distribution.
597
598 You may not claim or imply that the POV-Team[tm] derives any benefit
599 from your distribution.
600
601 If you wish to emphasize that your distribution is legal, you may use
602 this language "This distribution of the official version of POV-Ray[tm]
603 is permitted under the terms of the General License in the file
604 POVLEGAL.DOC. The POV-Team[tm] does not endorse the distributor or its
605 products. The POV-Team[tm] receives no compensation for this
606 distribution."
607
608 RETAIL VALUE OF THIS SOFTWARE
609
610 Although POV-Ray[tm] is, when distributed within the terms of this
611 agreement, free of charge, the retail value (or price) of this
612 program is determined as US$30.00 per copy distributed or copied. If
613 the Software is distributed or copied without authorization the
614 person(s) or entity(ies) responsible or involved are each legally
615 liable to the maximum extent permitted by law for the full amount of
616 this debt to the copyright holder, or any other person or
617 organization delegated by the copyright holder for the collection of
618 this debt.
619
620 However, the above paragraph in no way constitutes permission to
621 distribute this Software outside of the terms of this agreement. In
622 particular, the conditions and debt mentioned above (whether paid or
623 unpaid) do not allow you to avoid statutory damages or other legal
624 penalties and does not constitute any agreement that would allow you
625 to avoid such other legal remedies as are available to the copyright
626 holder.
627
628 Put simply, POV-Ray[tm] is only free if you comply with our distribution
629 conditions; it is not free otherwise. The copyright holder of this
630 Software chooses to give it away free under these and only these
631 conditions. If you distribute this Software in violation of this
632 license, what you are doing is no different than if you took a copy
633 of a commercial software product and distributed it without the
634 permission of the copyright holder of that product.
635
636 For the purpose of copyright regulations and/or statutory damages
637 provisions, the retail value of this Software is US$30.00 per copy.
638
639 USE OF THE POV-RAY SCENE LANGUAGE
640
641 The team permits and encourages the creation of programs, including
642 commercial packages, which import, export or translate files in the
643 POV-Ray[tm] Scene Description Language. Subject to the requirement in
644 the following paragraph, there are no restrictions on the use of the
645 language itself (this does not include the source code that we use to
646 implement the language).
647
648 The POV-Team[tm] reserves the right to add or remove or change any part
649 of the language. Prior to using the POV-Ray[tm] scene language, you
650 agree that you will not hold the POV-Team[tm], or anyone associated with
651 it, or the contributor or author or initiator of any such change, in
652 any way responsible for whatever happens to you or your product,
653 program, or whatever use you put the scene language to, as a direct
654 or indirect result of any such change or changes. This explicitly
655 includes, but is not limited to, any lost compatibility, lost
656 profits, bugs, extra development or maintenance, public or private
657 embarrassment or public relations problems. Your attention is drawn
658 to the "NO LIABILITY AND INDEMNITY " provisions above to which you
659 agree to be bound.
660
661 TRADEMARKS
662
663 "POV-Ray[tm]", "Persistence of Vision", "POV-Team[tm]" and "POV-Help" are
664 trademarks of the POV-Team[tm]. Any other trademarks referred to herein
665 are the property of their respective holders. You undertake not to
666 use, apply for, or register anywhere in the world, any word, name,
667 trade mark or device which is substantially identical or deceptively
668 or confusingly similar to any of the POV- Team's[tm] trade marks.
669
670 REVOCATION OF LICENSE
671
672 VIOLATION OF THIS LICENSE IS A VIOLATION OF COPYRIGHT LAWS. IT WILL
673 RESULT IN REVOCATION OF ALL PRIVILEGES GRANTED BY IT AND MAY RESULT
674 IN CIVIL OR CRIMINAL LIABILITY .
675
676 Violators who are prohibited from distribution may from time to time
677 be identified in this document.
678
679 In this regard, "PC Format", a magazine published at the time by
680 Future Publishing, Ltd. in the United Kingdom, distributed incomplete
681 versions of POV-Ray[tm] 1.0 in violation of the license which was in
682 effect at the time. They later attempted to distribute POV-Ray[tm] 2.2
683 without prior permission of the POV-Team[tm] in violation of the license
684 which was in effect at the time. After the POV-Team[tm] was made aware
685 of their intent, they were contacted and were granted permission in
686 return for certain promises they made. They subsequently failed to
687 honor these promises.
688
689 There is evidence that other Future Publishing companies have also
690 violated our terms. PC Format's actions, particularly in relation to
691 the incomplete v1.0 distribution (which simply didn't work properly
692 due to files that had been deleted to fit on the magazine's cover
693 floppy disk - causing many users to blame us for the faults and
694 complain to us in email) caused us un-needed stress and support
695 headaches.
696
697 Therefore "PC Format", and any other magazine, book, CD-ROM, or any
698 other type of publication owned in whole or part by, or related in
699 any other way, to Future Publishing is expressly prohibited from any
700 distribution of POV-Ray[tm] software.
701
702 MISCELLANEOUS
703
704 This Agreement constitutes the complete agreement concerning this
705 license. Any changes to this agreement must be in writing and may
706 take the form of notifications by the POV-Team[tm] to you, or through
707 posting notifications on our website. The use of this Software by any
708 person is expressly made conditional on their acceptance of the terms
709 set forth herein. If any provision of this Agreement is found to be
710 invalid or unenforceable, the invalidity or unenforceability of such
711 provision shall not affect the other provisions of this agreement and
712 all provisions not affected by such invalidity or unenforceability
713 shall remain in full force and effect. You agree to attempt to
714 substitute for invalid or unenforceable provision a valid or
715 enforceable provision which achieves to the greatest extent possible,
716 the objectives and intention of the invalid or unenforceable
717 provision. The validity and interpretation of this agreement will be
718 governed by the laws of Australia in the state of Victoria (except
719 for conflict of law provisions).
720
721 CONTACT INFORMATION
722
723 License inquiries can be made via email; please check the POV-Ray[tm]
724 website and the online copy of this document at
725 http://www.povray.org/povlegal.html for the current email address of
726 the team leader. (Unfortunately we cannot include it here as we have
727 to change it from time to time due to spam email being sent to the
728 address).
729
730 The following postal address is only for official license business
731 and only if email is impossible.
732
733 We do not provide technical support. We will not mail you disks with
734 updated versions. Please do not send money. If you want to know how to
735 support us, please see http://www.povray.org/supporting-povray.html.
736
737 POV-Team
738 C/O Hallam Oaks P/L
739 PO Box 407
740 Williamstown,
741 Victoria 3016
742 Australia
743
744
Something went wrong with that request. Please try again.