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POV-Ray Legal Document
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GENERAL LICENSE AGREEMENT
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Persistence of Vision[tm] Ray Tracer (POV-Ray[tm])
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Version 3.5 License and Terms & Conditions of Use
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14 April 2002
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(also known as POVLEGAL.DOC)
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PLEASE READ THROUGH THE TERMS AND CONDITIONS OF THIS LICENSE
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CAREFULLY. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF
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WARRANTY AND NO LIABILITY AND INDEMNITY PROVISIONS. TO USE AND/OR
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DISTRIBUTE PERSISTENCE OF VISION[tm] RAY TRACER ("POV-RAY[tm]") YOU MUST
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AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS
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DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE
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OF POV-RAY[tm] SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND
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CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY
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NOT USE AND/OR DISTRIBUTE POV- RAY[tm] IN ANY MANNER. THIS GENERAL
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LICENSE AGREEMENT MUST ACCOMPANY ALL PERSISTENCE OF VISION FILES
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WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE
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REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE
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OF PERSISTENCE OF VISION WORLDWIDE. THIS DOCUMENT SUPERSEDES AND
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REPLACES ALL PREVIOUS GENERAL LICENSES OR DISTRIBUTION POLICIES. ANY
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INDIVIDUALS, COMPANIES OR GROUPS WHO HAVE BEEN GRANTED LICENSES FOR
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EARLIER VERSIONS MAY CONTINUE TO DISTRIBUTE THEM BUT MUST RE-APPLY
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FOR VERSION 3.5 OR LATER VERSIONS.
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INTRODUCTION
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This document pertains to the use and distribution of the Persistence
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of Vision[tm] Ray Tracer a.k.a POV-Ray[tm] and known in this document as
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POV-Ray[tm] or 'the Software'. It applies to all POV- Ray[tm] program
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source files, executable (binary) files, scene files, documentation
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files, help file, bitmaps and INI files contained in official
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POV-Team[tm] archives. All of these are referred to here as "the
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Software". The POV-Team[tm] reserves the right to revise these rules in
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future versions and to make additional rules to address new
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circumstances at any time. Such rules, when made, will be posted in a
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revised POVLEGAL.DOC, the latest version of which is available from
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our website at http://www.povray.org/povlegal.html. The POV-Team[tm]
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are the programmers and assistants from time to time who work as part
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of the "POV-Team" in the development, modification and/or
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distribution of the Software.
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INTENT OF THIS LICENSE
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The intent of this license is to allow the free and legal
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distribution of POV-Ray[tm] throughout the community, and to permit
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users to freely enjoy its benefits. The POV-Ray[tm] developers, past and
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present, have donated their time and in some cases considerable
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amounts of their own money towards the development of this software
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package, which we provide for no charge (within the constraints of
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this license) to the public at large.
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The POV-Ray[tm] developers decided, long ago (about 1990), that they did
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not want the free nature of this package to be sullied by
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unscrupulous third parties who wanted to make a quick buck from the
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developer's hard work. This decision was made after some practical
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experience with just such activity. We have strong objections to
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end-users having to pay for this software when they could have
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received it for free had they only known better.
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Though this may seem an unlikely scenario for those used to the
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internet and aware of the free availability of POV-Ray[tm], this in fact
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does to this day still happen. As this updated POVLEGAL is being
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written (in 2001) there is at least one CD that we know of - being
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sold both on the internet and in stores - that is presented to
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potential purchasers as a 3D rendering product, with nothing present
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on the exterior that would lead the buyer to believe that the
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renderer inside is in fact a free program (namely, POV-Ray[tm]).
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Therefore, the intent of this license is to encourage free
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distribution and use, while severely restricting non-free
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distribution and use. Some of the more wordy sections below dealing
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with third-party distribution have only become so because some
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commercial vendors found some fairly imaginative ways to avoid the
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intent of this license. If your intended use of the Software seems to
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conflict with this basic intent, you should contact us before
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proceeding with your plans (but read the rest of this document before
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you write).
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WHY ISN'T POV-RAY OPEN SOURCE ?
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While this explanation doesn't really belong in this document, we are
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asked it often enough that we have decided to put it here. While the
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POV-Ray[tm] source code is freely available, it isn't 'open' according
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to the currently popular definition of the term (meaning that it
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isn't available to create derivative works). The reasons for this are
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historical. Primarily, at the time that POV-Ray[tm] was originally
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developed (starting in about 1990), on Compuserve, it was a different
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environment than today. Virtually none of the developers had internet
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access and there wasn't a great awareness of things like the GPL. The
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team at that time rolled their own license - one that allowed free
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use of the software but attempted to prevent people taking unfair
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advantage of it.
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As people contributed code to POV-Ray[tm] over the years - and there
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have been many instances of this - they contributed it to us on the
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understanding that it would be covered by the POV-Ray[tm] license, as it
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stood at the time. Now, in 2001, we find that in many cases we don't
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know who wrote what part of the code, or that the author is
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uncontactable. We simply don't have the right to arbitrarily change
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the terms under which their source code is distributed. Even though
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it was contributed to us, we feel that we must honor the terms under
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which it was given. Therefore, POV- Ray[tm] will remain on this existing
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license until we do a full re-write (which is intended for v4), at
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which time a new license will be instituted that is far more liberal
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in terms of reuse.
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COPYRIGHT
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Copyright <20>, POV-Team[tm] 1991-2002. Copyright subsists in the Software
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which is protected by Australian and international copyright laws.
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Although it is distributed as freeware, it is NOT PUBLIC DOMAIN. You
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acknowledge that any and all intellectual property rights including
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all rights of copyright used or embodied in or in connection with the
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Software are and will remain the sole property of the POV-Team[tm]. You
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shall not question or dispute the ownership of such rights at any
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time. Nothing in this document shall give you any rights in respect
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of the intellectual property of the POV-Team[tm] and you acknowledge
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that you do not acquire any rights in respect of such intellectual
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property rights. If you use, modify or distribute the Software for
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unauthorized purposes or in an unauthorized manner, you will be
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liable to the POV-Team[tm] for any damages it may suffer (and which you
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acknowledge it may suffer) and you may also be liable to criminal
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prosecution. You indemnify the POV-Team[tm] for every single consequence
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flowing from your unauthorized use of the Software.
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DISCLAIMER OF WARRANTY
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This Software is provided on an "AS IS" basis, without warranty of
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any kind, express or implied, including without limitation, the
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implied warranties of merchantability, fitness for a particular
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purpose and non-infringement of intellectual property of any third
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party. This Software has inherent limitations including design faults
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and programming bugs. As the program is free, the entire risk as to
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the quality and performance of the Software is borne by you, and it
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is your responsibility to ensure that it does what you intend it to
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do prior to using it for any purpose other than testing it. Should
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the Software prove defective, you and not the POV-Team[tm] or anyone
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associated with them assume the entire cost of any service and
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repair. This disclaimer of warranty constitutes an essential and
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material term of this agreement.
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NO LIABILITY AND INDEMNITY
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When you use the Software you acknowledge and accept that you do so
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at your sole risk. You agree that under no circumstances shall you
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have any claim against the POV-Team[tm] or anyone associated directly
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or indirectly with the POV-Team[tm] whether as employee, subcontractor,
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agent, representative, consultant, licensee or otherwise ("POV-Team[tm]
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associates") for any loss, damages, harm, injury, expense, work
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stoppage, loss of business information, business interruption,
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computer failure or malfunction which may be suffered by you or by
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any third party from any cause whatsoever, howsoever arising, in
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connection with your use and/or distribution of the Software even
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where the POV-Team[tm] were aware, or ought to have been aware, of the
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potential of such loss. Damages shall include direct, indirect,
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general, special, incidental, punitive and/or consequential. If you
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do not accept this no liability condition, you must not use this
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Software.
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You indemnify the POV-Team[tm] and the POV-Team[tm] associates and hold
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them harmless against any claims which may arise from any loss,
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damages, harm, injury, expense, work stoppage, loss of business
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information, business interruption, computer failure or malfunction,
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which may be suffered by you, your spouse, dependants or any other
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third party whatsoever as a consequence of any act or omission of the
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POV-Team[tm] and/or the POV-Team[tm] associates, whether negligent or not,
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arising out of your use and/or distribution of the Software, or from
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any other cause whatsoever, howsoever arising in connection with the
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Software. These provisions are binding on your estate, heirs,
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executors, administrators, parents and/or guardians.
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HIGH RISK ACTIVITIES
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This Software and the output produced by this Software is not
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fault-tolerant and is not designed, manufactured or intended for use
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or resale as on-line control equipment in hazardous environments
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requiring fail-safe performance, in which the failure of the Software
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could lead directly to death, personal injury, or severe physical or
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environmental damage ("High Risk Activities"). The POV-Team
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specifically disclaim any express or implied warranty of fitness for
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High Risk Activities.
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USAGE PROVISIONS
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Subject to the terms and conditions of this agreement, permission is
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granted to the user to use the Software and associated files in this
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package to create and render images. The use of this Software for the
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purpose of creating images is completely free. The creator of a scene
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file retains all rights to the scene file they created, and any image
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generated by the Software from them.
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The user is also granted the right to use the scene files, fonts,
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bitmaps, and include files distributed in the INCLUDE and
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SCENES\INCDEMO sub-directories in their own scenes. Such permission
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does not extend to any other files in the SCENES directory or its
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sub-directories. The SCENES files are for your enjoyment and
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education but may not be the basis of any derivative works unless the
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file in question explicitly grants permission to do such.
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ACCEPTANCE OF LICENSE
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Some jurisdictions deem licenses that have not been physically signed
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by the person or legal entity using the software which is the subject
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of the license to have not been accepted in a legal sense. However,
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since you have not paid for this Software, nothing else other than
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acceptance of this license in full grants you the right to use,
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modify, or distribute it or any derivative works made from it. By
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using, modifying, making a derivative work, or distributing any part
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or version of the Software, you indicate your acceptance of this
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License and all of its terms and conditions. If you have not accepted
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the license such actions would be illegal.
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DISTRIBUTION AND/OR MODIFICATION
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This copyrighted package may ONLY be distributed and/or modified
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according to the terms and conditions contained in this License
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Agreement.
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The permission to distribute this Software, under certain very
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specific conditions, is granted in advance, provided that the
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following conditions are met. If your distribution, or intended
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distribution, does not meet these conditions, you may not distribute
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the Software.
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Anyone intending to distribute this Software must ensure that they
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comply with our license at all times. If you are intending to
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distribute POV-Ray[tm] and are not reading the master copy of this
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license found on our web site at http://www.povray.org/povlegal.html,
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you should instead read that version, as it may have changed since
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the copy that you are reading was written.
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The Software must not be distributed commercially (where 'commercially'
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means any distribution that would qualify under the terms of the
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'CONDITIONS FOR COMMERCIAL BUNDLING' section which appears later in
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this document) without the express written permission of the POV-Team.
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This restriction applies not only to this Software but also to any
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derivative of it or any part of it.
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You may not distribute (or continue to distribute if you have already
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started) the Software if you have been or are in breach of any of the
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conditions of this license, or if you or your legal representatives
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have been notified by us or our authorized representatives (via
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telephone, email, fax, or physical mail to the last known contact
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point for that communication method) that you may not.
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The Software must not be distributed in a form different from the
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official distribution without the express, prior, written permission
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of the POV-Team[tm]. The official distribution are those official
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versions which appear on our website from time to time. You may
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rename the distribution files only to meet the file name conventions
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of your system or to avoid file name duplications. The POV-Team[tm] is
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willing to make exceptions in certain circumstances (e.g. to allow
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Linux vendors to use RPM), but these are on a case-by-case basis.
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Please write us if you would like to do this.
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You must distribute a FULL PACKAGE of files as defined under
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"DEFINITION OF FULL PACKAGE" below, in the next section. No portion
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of this package may be separated from the package and distributed
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separately other than under the conditions specified in the
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provisions given below.
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Any physical distribution (that is, by any means other than online
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download) of POV-Ray[tm] by any person or organisation, for any purpose
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other than personal sharing of the software, must include full
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contact details of the distributor. This includes at the very least a
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valid physical mailing address (including country), a telephone
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number if the distributor provides that for any of its other
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products, and a working, manned email address if the distributor has
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an internet presence of any sort. If the distributor has a web site
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then its URL must also be included.
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Only non-commercial distribution in which no money or compensation is
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charged (such as a user copying the Software for a personal friend or
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colleague) is permitted. No other restrictions may be placed on the
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distribution of the Software.
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Internet distribution of our official archives on web or FTP sites is
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permitted, provided that no charge is made for downloading or
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accessing the files (other than the normal fees the user pays to
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access the internet), and that the versions distributed are the
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latest available (or that, in the case of a web page, a clearly
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positioned link is provided to the latest version, and in the case of
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an FTP site, that the latest version is present in the same
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subdirectory).
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Teachers and educational institutions may also distribute the
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material to students for free or they may charge minimal copying
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costs if the Software is to be used in a course.
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Any other distribution for which money or any other compensation is
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asked for or received must meet the terms and conditions set out
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below.
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CONDITIONS FOR CD-ROM DISTRIBUTION
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CONDITIONS FOR SHAREWARE/FREEWARE DISTRIBUTION
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A 'shareware and freeware distributor', for the purpose of this
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document, is one which CLEARLY IDENTIFIES itself as such to anyone
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dealing with it or its resellers, both in general, and also with
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respect to the interior and exterior packaging of any products it
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sells. If there is any possibility that a person, prior to or after
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performing a purchase of any shareware or freeware product from the
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distributor or any reseller of the distributor, would not be aware
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that they are receiving shareware or freeware software, then that
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distributor is NOT considered a 'shareware or freeware distributor'
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by this license, and the following grant of permission does not apply
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to them.
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Additionally, the following only applies to distributors of collected
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programs; anyone wishing to bundle the package with a shareware
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product must use the commercial bundling rules set out below under
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"CONDITIONS FOR COMMERCIAL BUNDLING". Also, a distribution that would
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otherwise have qualified under the 'shareware/freeware distributor'
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terms, but which is constructed in such a way that it would be of
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little or no practical use without POV-Ray[tm], is considered commercial
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and must use the commercial bundling rules.
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Shareware and freeware distribution companies may distribute the
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Software included in software- only compilations using media such as,
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but not limited to, floppy disk, CD-ROM, tape backup, optical disks,
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hard disks, or memory cards.
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Distribution on CD-ROM or high capacity media such as backup tape is
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permitted if the total cost to the user is no more than two (2) U.S.
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cents per megabyte of data. For example a CD-ROM with 600 meg could
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cost no more than US$12.00 at any point of sale, including the point
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of sale to the consumer. Companies or individuals that distribute to
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resellers hereby agree that they will be in breach of this license if
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any of their resellers breach this license and such companies or
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individuals indemnify the POV-Team[tm] accordingly.
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Any bundling with books, magazines or other print media must have the
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prior written approval of the POV-Team[tm]. If we do approve of such
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publication, you must provide us with two (2) copies of the
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publication in question as soon as it is released. In the case of
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magazines, we normally approve such requests, subject to the
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conditions in this document.
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For floppy disk distribution, no more than one US dollar (US$1.00)
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can be charged per disk for the copying of this Software and the
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media it is provided on. Space on each disk must be used as fully as
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possible. You may not spread the files over more disks than are
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necessary.
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The users to whom you wish to distribute the Software must also agree
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to be bound by the terms and conditions of this License Agreement.
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|
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
|
|||
|
|
|||
|
|