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POV-Ray Legal Document
GENERAL LICENSE AGREEMENT
Persistence of Vision[tm] Ray Tracer (POV-Ray[tm])
Version 3.5 License and Terms & Conditions of Use
14 April 2002
(also known as POVLEGAL.DOC)
PLEASE READ THROUGH THE TERMS AND CONDITIONS OF THIS LICENSE
CAREFULLY. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF
WARRANTY AND NO LIABILITY AND INDEMNITY PROVISIONS. TO USE AND/OR
DISTRIBUTE PERSISTENCE OF VISION[tm] RAY TRACER ("POV-RAY[tm]") YOU MUST
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS
DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE
OF POV-RAY[tm] SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND
CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY
NOT USE AND/OR DISTRIBUTE POV- RAY[tm] IN ANY MANNER. THIS GENERAL
LICENSE AGREEMENT MUST ACCOMPANY ALL PERSISTENCE OF VISION FILES
WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE
REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE
OF PERSISTENCE OF VISION WORLDWIDE. THIS DOCUMENT SUPERSEDES AND
REPLACES ALL PREVIOUS GENERAL LICENSES OR DISTRIBUTION POLICIES. ANY
INDIVIDUALS, COMPANIES OR GROUPS WHO HAVE BEEN GRANTED LICENSES FOR
EARLIER VERSIONS MAY CONTINUE TO DISTRIBUTE THEM BUT MUST RE-APPLY
FOR VERSION 3.5 OR LATER VERSIONS.
INTRODUCTION
This document pertains to the use and distribution of the Persistence
of Vision[tm] Ray Tracer a.k.a POV-Ray[tm] and known in this document as
POV-Ray[tm] or 'the Software'. It applies to all POV- Ray[tm] program
source files, executable (binary) files, scene files, documentation
files, help file, bitmaps and INI files contained in official
POV-Team[tm] archives. All of these are referred to here as "the
Software". The POV-Team[tm] reserves the right to revise these rules in
future versions and to make additional rules to address new
circumstances at any time. Such rules, when made, will be posted in a
revised POVLEGAL.DOC, the latest version of which is available from
our website at http://www.povray.org/povlegal.html. The POV-Team[tm]
are the programmers and assistants from time to time who work as part
of the "POV-Team" in the development, modification and/or
distribution of the Software.
INTENT OF THIS LICENSE
The intent of this license is to allow the free and legal
distribution of POV-Ray[tm] throughout the community, and to permit
users to freely enjoy its benefits. The POV-Ray[tm] developers, past and
present, have donated their time and in some cases considerable
amounts of their own money towards the development of this software
package, which we provide for no charge (within the constraints of
this license) to the public at large.
The POV-Ray[tm] developers decided, long ago (about 1990), that they did
not want the free nature of this package to be sullied by
unscrupulous third parties who wanted to make a quick buck from the
developer's hard work. This decision was made after some practical
experience with just such activity. We have strong objections to
end-users having to pay for this software when they could have
received it for free had they only known better.
Though this may seem an unlikely scenario for those used to the
internet and aware of the free availability of POV-Ray[tm], this in fact
does to this day still happen. As this updated POVLEGAL is being
written (in 2001) there is at least one CD that we know of - being
sold both on the internet and in stores - that is presented to
potential purchasers as a 3D rendering product, with nothing present
on the exterior that would lead the buyer to believe that the
renderer inside is in fact a free program (namely, POV-Ray[tm]).
Therefore, the intent of this license is to encourage free
distribution and use, while severely restricting non-free
distribution and use. Some of the more wordy sections below dealing
with third-party distribution have only become so because some
commercial vendors found some fairly imaginative ways to avoid the
intent of this license. If your intended use of the Software seems to
conflict with this basic intent, you should contact us before
proceeding with your plans (but read the rest of this document before
you write).
WHY ISN'T POV-RAY OPEN SOURCE ?
While this explanation doesn't really belong in this document, we are
asked it often enough that we have decided to put it here. While the
POV-Ray[tm] source code is freely available, it isn't 'open' according
to the currently popular definition of the term (meaning that it
isn't available to create derivative works). The reasons for this are
historical. Primarily, at the time that POV-Ray[tm] was originally
developed (starting in about 1990), on Compuserve, it was a different
environment than today. Virtually none of the developers had internet
access and there wasn't a great awareness of things like the GPL. The
team at that time rolled their own license - one that allowed free
use of the software but attempted to prevent people taking unfair
advantage of it.
As people contributed code to POV-Ray[tm] over the years - and there
have been many instances of this - they contributed it to us on the
understanding that it would be covered by the POV-Ray[tm] license, as it
stood at the time. Now, in 2001, we find that in many cases we don't
know who wrote what part of the code, or that the author is
uncontactable. We simply don't have the right to arbitrarily change
the terms under which their source code is distributed. Even though
it was contributed to us, we feel that we must honor the terms under
which it was given. Therefore, POV- Ray[tm] will remain on this existing
license until we do a full re-write (which is intended for v4), at
which time a new license will be instituted that is far more liberal
in terms of reuse.
COPYRIGHT
Copyright <20>, POV-Team[tm] 1991-2002. Copyright subsists in the Software
which is protected by Australian and international copyright laws.
Although it is distributed as freeware, it is NOT PUBLIC DOMAIN. You
acknowledge that any and all intellectual property rights including
all rights of copyright used or embodied in or in connection with the
Software are and will remain the sole property of the POV-Team[tm]. You
shall not question or dispute the ownership of such rights at any
time. Nothing in this document shall give you any rights in respect
of the intellectual property of the POV-Team[tm] and you acknowledge
that you do not acquire any rights in respect of such intellectual
property rights. If you use, modify or distribute the Software for
unauthorized purposes or in an unauthorized manner, you will be
liable to the POV-Team[tm] for any damages it may suffer (and which you
acknowledge it may suffer) and you may also be liable to criminal
prosecution. You indemnify the POV-Team[tm] for every single consequence
flowing from your unauthorized use of the Software.
DISCLAIMER OF WARRANTY
This Software is provided on an "AS IS" basis, without warranty of
any kind, express or implied, including without limitation, the
implied warranties of merchantability, fitness for a particular
purpose and non-infringement of intellectual property of any third
party. This Software has inherent limitations including design faults
and programming bugs. As the program is free, the entire risk as to
the quality and performance of the Software is borne by you, and it
is your responsibility to ensure that it does what you intend it to
do prior to using it for any purpose other than testing it. Should
the Software prove defective, you and not the POV-Team[tm] or anyone
associated with them assume the entire cost of any service and
repair. This disclaimer of warranty constitutes an essential and
material term of this agreement.
NO LIABILITY AND INDEMNITY
When you use the Software you acknowledge and accept that you do so
at your sole risk. You agree that under no circumstances shall you
have any claim against the POV-Team[tm] or anyone associated directly
or indirectly with the POV-Team[tm] whether as employee, subcontractor,
agent, representative, consultant, licensee or otherwise ("POV-Team[tm]
associates") for any loss, damages, harm, injury, expense, work
stoppage, loss of business information, business interruption,
computer failure or malfunction which may be suffered by you or by
any third party from any cause whatsoever, howsoever arising, in
connection with your use and/or distribution of the Software even
where the POV-Team[tm] were aware, or ought to have been aware, of the
potential of such loss. Damages shall include direct, indirect,
general, special, incidental, punitive and/or consequential. If you
do not accept this no liability condition, you must not use this
Software.
You indemnify the POV-Team[tm] and the POV-Team[tm] associates and hold
them harmless against any claims which may arise from any loss,
damages, harm, injury, expense, work stoppage, loss of business
information, business interruption, computer failure or malfunction,
which may be suffered by you, your spouse, dependants or any other
third party whatsoever as a consequence of any act or omission of the
POV-Team[tm] and/or the POV-Team[tm] associates, whether negligent or not,
arising out of your use and/or distribution of the Software, or from
any other cause whatsoever, howsoever arising in connection with the
Software. These provisions are binding on your estate, heirs,
executors, administrators, parents and/or guardians.
HIGH RISK ACTIVITIES
This Software and the output produced by this Software is not
fault-tolerant and is not designed, manufactured or intended for use
or resale as on-line control equipment in hazardous environments
requiring fail-safe performance, in which the failure of the Software
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). The POV-Team
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
USAGE PROVISIONS
Subject to the terms and conditions of this agreement, permission is
granted to the user to use the Software and associated files in this
package to create and render images. The use of this Software for the
purpose of creating images is completely free. The creator of a scene
file retains all rights to the scene file they created, and any image
generated by the Software from them.
The user is also granted the right to use the scene files, fonts,
bitmaps, and include files distributed in the INCLUDE and
SCENES\INCDEMO sub-directories in their own scenes. Such permission
does not extend to any other files in the SCENES directory or its
sub-directories. The SCENES files are for your enjoyment and
education but may not be the basis of any derivative works unless the
file in question explicitly grants permission to do such.
ACCEPTANCE OF LICENSE
Some jurisdictions deem licenses that have not been physically signed
by the person or legal entity using the software which is the subject
of the license to have not been accepted in a legal sense. However,
since you have not paid for this Software, nothing else other than
acceptance of this license in full grants you the right to use,
modify, or distribute it or any derivative works made from it. By
using, modifying, making a derivative work, or distributing any part
or version of the Software, you indicate your acceptance of this
License and all of its terms and conditions. If you have not accepted
the license such actions would be illegal.
DISTRIBUTION AND/OR MODIFICATION
This copyrighted package may ONLY be distributed and/or modified
according to the terms and conditions contained in this License
Agreement.
The permission to distribute this Software, under certain very
specific conditions, is granted in advance, provided that the
following conditions are met. If your distribution, or intended
distribution, does not meet these conditions, you may not distribute
the Software.
Anyone intending to distribute this Software must ensure that they
comply with our license at all times. If you are intending to
distribute POV-Ray[tm] and are not reading the master copy of this
license found on our web site at http://www.povray.org/povlegal.html,
you should instead read that version, as it may have changed since
the copy that you are reading was written.
The Software must not be distributed commercially (where 'commercially'
means any distribution that would qualify under the terms of the
'CONDITIONS FOR COMMERCIAL BUNDLING' section which appears later in
this document) without the express written permission of the POV-Team.
This restriction applies not only to this Software but also to any
derivative of it or any part of it.
You may not distribute (or continue to distribute if you have already
started) the Software if you have been or are in breach of any of the
conditions of this license, or if you or your legal representatives
have been notified by us or our authorized representatives (via
telephone, email, fax, or physical mail to the last known contact
point for that communication method) that you may not.
The Software must not be distributed in a form different from the
official distribution without the express, prior, written permission
of the POV-Team[tm]. The official distribution are those official
versions which appear on our website from time to time. You may
rename the distribution files only to meet the file name conventions
of your system or to avoid file name duplications. The POV-Team[tm] is
willing to make exceptions in certain circumstances (e.g. to allow
Linux vendors to use RPM), but these are on a case-by-case basis.
Please write us if you would like to do this.
You must distribute a FULL PACKAGE of files as defined under
"DEFINITION OF FULL PACKAGE" below, in the next section. No portion
of this package may be separated from the package and distributed
separately other than under the conditions specified in the
provisions given below.
Any physical distribution (that is, by any means other than online
download) of POV-Ray[tm] by any person or organisation, for any purpose
other than personal sharing of the software, must include full
contact details of the distributor. This includes at the very least a
valid physical mailing address (including country), a telephone
number if the distributor provides that for any of its other
products, and a working, manned email address if the distributor has
an internet presence of any sort. If the distributor has a web site
then its URL must also be included.
Only non-commercial distribution in which no money or compensation is
charged (such as a user copying the Software for a personal friend or
colleague) is permitted. No other restrictions may be placed on the
distribution of the Software.
Internet distribution of our official archives on web or FTP sites is
permitted, provided that no charge is made for downloading or
accessing the files (other than the normal fees the user pays to
access the internet), and that the versions distributed are the
latest available (or that, in the case of a web page, a clearly
positioned link is provided to the latest version, and in the case of
an FTP site, that the latest version is present in the same
subdirectory).
Teachers and educational institutions may also distribute the
material to students for free or they may charge minimal copying
costs if the Software is to be used in a course.
Any other distribution for which money or any other compensation is
asked for or received must meet the terms and conditions set out
below.
CONDITIONS FOR CD-ROM DISTRIBUTION
CONDITIONS FOR SHAREWARE/FREEWARE DISTRIBUTION
A 'shareware and freeware distributor', for the purpose of this
document, is one which CLEARLY IDENTIFIES itself as such to anyone
dealing with it or its resellers, both in general, and also with
respect to the interior and exterior packaging of any products it
sells. If there is any possibility that a person, prior to or after
performing a purchase of any shareware or freeware product from the
distributor or any reseller of the distributor, would not be aware
that they are receiving shareware or freeware software, then that
distributor is NOT considered a 'shareware or freeware distributor'
by this license, and the following grant of permission does not apply
to them.
Additionally, the following only applies to distributors of collected
programs; anyone wishing to bundle the package with a shareware
product must use the commercial bundling rules set out below under
"CONDITIONS FOR COMMERCIAL BUNDLING". Also, a distribution that would
otherwise have qualified under the 'shareware/freeware distributor'
terms, but which is constructed in such a way that it would be of
little or no practical use without POV-Ray[tm], is considered commercial
and must use the commercial bundling rules.
Shareware and freeware distribution companies may distribute the
Software included in software- only compilations using media such as,
but not limited to, floppy disk, CD-ROM, tape backup, optical disks,
hard disks, or memory cards.
Distribution on CD-ROM or high capacity media such as backup tape is
permitted if the total cost to the user is no more than two (2) U.S.
cents per megabyte of data. For example a CD-ROM with 600 meg could
cost no more than US$12.00 at any point of sale, including the point
of sale to the consumer. Companies or individuals that distribute to
resellers hereby agree that they will be in breach of this license if
any of their resellers breach this license and such companies or
individuals indemnify the POV-Team[tm] accordingly.
Any bundling with books, magazines or other print media must have the
prior written approval of the POV-Team[tm]. If we do approve of such
publication, you must provide us with two (2) copies of the
publication in question as soon as it is released. In the case of
magazines, we normally approve such requests, subject to the
conditions in this document.
For floppy disk distribution, no more than one US dollar (US$1.00)
can be charged per disk for the copying of this Software and the
media it is provided on. Space on each disk must be used as fully as
possible. You may not spread the files over more disks than are
necessary.
The users to whom you wish to distribute the Software must also agree
to be bound by the terms and conditions of this License Agreement.
You indemnify the POV-Team[tm] from any loss or harm which it may suffer
as a result of your failure to ensure that the users to whom you are
distributing the Software have agreed to be bound by the terms and
conditions of this License Agreement.
ONLINE OR REMOTE EXECUTION OF POV-RAY
Some internet sites have been set up so that remote users can
actually run POV-Ray[tm] software on the internet server. Other
companies sell CPU time for running POV-Ray[tm] software on workstations
or high-speed computers. Such use of POV-Ray[tm] software is permitted
under the following conditions.
Fees or charges, if any, for such services must be for connect time,
storage or processor usage ONLY. No premium charges may be assessed
for use of POV-Ray[tm] beyond that charged for use of other software.
Users must be clearly notified that they are being charged for use of
the computer and not for use of POV-Ray[tm] software.
Users must be prominently informed that they are using POV-Ray[tm]
software, that such software is free, and where they can find
official POV-Ray[tm] software. Any attempt to obscure the fact that the
user is running POV-Ray[tm] is expressly prohibited.
All files normally available in a full package distribution,
especially a copy of this license and full documentation must be
available for download or readable online so that users of an online
executable have access to all of the material of a full user package.
The full user package is the entire distribution for a given platform
excluding the actual program files. The distributor must also ensure
that the users have agreed to be bound by the terms and conditions of
this license, failing which such users may not download or view or
use the Software.
If the POV-Ray[tm] software has been modified in any way, it must also
comply with the provisions for custom versions set out under
"CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS" below.
DEFINITION OF "FULL PACKAGE"
A "full package" contains an executable program, documentation, and
sample scenes. For generic Unix platforms, there are no executables
available so the source code must be included instead of the
executable program, unless you choose to build one (in which case you
must comply with the terms for unofficial versions, found below).
POV-Ray[tm] is officially distributed for Windows 95/98/NT; Linux for
Intel x86 series; and Apple PowerPC. Other systems may be added in
the future.
Distributors need not support all platforms but for each platform you
support you must distribute a full package. For example a Macintosh
only CD-ROM need not distribute the Windows versions.
This Software may ONLY be bundled with other software packages
according to the conditions specified under "CONDITIONS FOR
COMMERCIAL BUNDLING" below.
PERMITTED MODIFICATION AND CUSTOM VERSIONS
Although the full source code for POV-Ray[tm] is distributed, there are
strict rules for the use of the source code. The source distribution
is provided to; 1) promote the porting of POV-Ray[tm] to hardware and
operating systems which the POV-Team[tm] cannot support, 2) promote
experimentation and development of new features to the core code
which might eventually be incorporated into the official version, and
3) provide insight into the inner workings of the program for
educational purposes.
These license provisions have been established to promote the growth
of POV-Ray[tm] and prevent difficulties for users and developers alike.
Please follow them carefully for the benefit of all concerned when
creating a custom version.
The user is granted the privilege to modify and compile the source
code for their own personal use in any fashion they see fit.
However strict conditions and restrictions are imposed if the user
wishes to distribute a modified version of the Software,
documentation or other parts of the package (hereafter referred to as
a "custom version"). This includes any translation of the
documentation into other languages or other file formats.
A "custom version" is defined as a fully functional version of
POV-Ray[tm] with all existing features, copyright notices, author
attributions, this License Agreement, etc., intact. ANY OTHER USE OF
ANY POV-RAY SOURCE CODE IS EXPRESSLY PROHIBITED. The POV-Team[tm] does
not license source code for any use outside POV-Ray[tm]. No portion of
the POV-Ray[tm] source code may be, under any circumstances,
incorporated into another program unless it is clearly a custom
version of POV-Ray[tm] that includes all of the functions of the
POV-Ray[tm] renderer.
All executables, documentation, modified files and descriptions of
the same must clearly identify themselves as a modified and
unofficial version of POV-Ray[tm]. Any attempt to obscure the fact that
the user is running POV-Ray[tm] or to obscure that it is an unofficial
version is expressly prohibited.
POV-Ray[tm] may not be linked into other software either at compile-time
using an object code linker nor at run-time as a DLL, ActiveX, or
other system. Such linkage can tend to blur the end- user's
perception of which program provides which functions and thus
qualifies as an attempt to obscure what is running.
To allow POV-Ray[tm] to communicate with outside programs, the official
versions of POV-Ray[tm] may include internal communication "hooks" for
it to call other tasks, often called an Application Programming
Interface, or API. For example: the generic part of POV-Ray[tm] provides
operating system shell-out API commands. The Windows version has a
GUI-extension API and the ability to replace the text editor.
Modification to these APIs or other officially supported
communication mechanisms to increase functionality beyond that of the
official version, or to avoid the intent of this license, is
EXPRESSLY PROHIBITED.
CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS
If your re-compiled version meets all requirements for custom
versions listed above under "PERMITTED MODIFICATION AND CUSTOM
VERSIONS", the following additional conditions apply to its
distribution:
You must provide all support for all users who use your custom
version. You must provide information so that users may contact you
for support for your custom version. The POV-Ray[tm] Team is not
obligated to provide you or your users any technical support.
You must include contact information in the DISTRIBUTION_MESSAGE
macros in the source file OPTOUT.H and insure that the program
prominently displays this information. You must ensure that your
version displays all copyright notices and credit screens for the
official version, though they must be clearly marked as unofficial.
The purpose of this next requirement is to allow the official
POV-Ray[tm] to detect scene files that are incompatible with it by
testing the #version declaration. It can then tell the user why the
given scene file will not work, rather than issue what could be
confusing syntax errors or perform erroneous rendering. This results
in a better experience for the end users of this Software.
If your custom version contains any feature that would cause a
POV-Ray[tm] scene source file that works on your version to fail or
otherwise work incorrectly on either the current official version of
POV-Ray[tm], or on the official version that was built from the version
of the source that you are using for your custom version, you must
include code that checks that the scene source file has a #version
directive that includes the 'unofficial' token, and you must only
activate your changes (including, but not limited to, new keywords)
if that #version directive is present. If it is not present your
custom version must work in the same way as the standard POV-Ray[tm]
that it is built from. An example of a correct 'unofficial' #version
declaration is '#version unofficial megapov 0.7 ;'.
Custom versions may only be distributed as freeware and under terms
no less restrictive than this license. You must make all of your
modifications to POV-Ray[tm] freely and publicly available with FULL
SOURCE CODE to the modified portions of POV-Ray[tm] and must freely
distribute full source to any new parts of the custom version. The
goal is that users must be able to re-compile the program themselves
using readily available compilers and run-time libraries and to be
able to further improve the program with their own modifications.
You must provide documentation for any and all modifications that you
have made to the program that you are distributing and include clear
and obvious information on how to obtain the official POV-Ray[tm].
The user is encouraged to send enhancements and bug fixes to the
POV-Team[tm], but the team is in no way required to utilize these
enhancements or fixes. By sending material to the team, the
contributor asserts and warrants that he owns the materials or has
the right to distribute these materials. He authorizes the team to
use the materials any way they like. The contributor still retains
rights to the donated material, but by donating, grants, and warrants
that he is entitled to grant unrestricted, irrevocable usage and
distribution rights to the POV-Team[tm] and indemnifies them against any
claims of unauthorized use of the donated software or any technology
contained or expressed within it. The team doesn't have to use the
material, but if it does, you do not acquire any rights related to
POV-Ray[tm]. The team may give you credit as the creator of new code if
applicable.
You must include a copy of the latest version of this document as
obtained from http://www.povray.org/povlegal.html, and ensure that
the user has agreed to be bound by the terms and conditions of use as
set out in this License Agreement. You indemnify the POV- Team for
any harm or loss which they may suffer as a result of your failure to
do so.
CONDITIONS FOR COMMERCIAL BUNDLING
Vendors wishing to bundle POV-Ray[tm] (or any software that is derived
from it or any part of it) with commercial software (including
shareware) or any other use or distribution not already expressly
allowed above must first obtain express written permission from the
POV-Team[tm]. The POV-Team[tm] will, in its sole discretion, decide if such
Use will be allowed on a case-by-case basis and may impose whatever
conditions it sees fit.
For commercial distribution, the minimum terms are given below. Other
conditions may be imposed.
The product must be an existing product that has proven itself as
commercially viable without POV-Ray[tm] included, unless the POV-Team
expressly grants exception to this rule. Such exceptions will not be
granted unless it can be demonstrated that POV-Ray or the POV-Ray
community would somehow benefit from allowing such an exception.
The inclusion of POV-Ray[tm] should be promoted only as a free bonus and
not as a feature designed to encourage customers to purchase or
upgrade solely for the POV-Ray[tm] capability.
Purchasers of your product must not be led to believe that they are
paying for POV-Ray[tm]. Any mention of the POV-Ray[tm] bundle on the box,
in advertising or in instruction manuals must be clearly marked with
a disclaimer that POV-Ray[tm] is free software and can be obtained for
free or nominal cost from various sources.
You must include clear and obvious information on how to obtain
POV-Ray[tm] via our official distribution points.
You must provide all POV-Ray[tm] support for all users who acquired
POV-Ray[tm] through your product. The POV-Team[tm] is not obligated to
provide you or your customers any technical support.
You must include a credit page or pages in your documentation for
POV-Ray[tm].
If you modify any portion of POV-Ray[tm] for use with your hardware or
software, you must follow the custom version rules in addition to
these rules.
You must include contact and support information for your product.
You must include a full user package as described in "ONLINE OR
REMOTE EXECUTION OF POV-RAY" above , including the License Agreement
which the user must agree to be bound by.
POV-TEAM ENDORSEMENT PROHIBITION
On rare occasions, the POV-Team[tm] endorses distributions in which
POV-Team[tm] members are compensated participants and to which the
POV-Team[tm] has given approval.
Without specific approval, distributors (whether free or commercial)
must not claim or imply in any way that the POV-Team[tm] officially
endorses or supports the distributor or the product (such as CD,
book, or magazine) associated with the distribution.
You may not claim or imply that the POV-Team[tm] derives any benefit
from your distribution.
If you wish to emphasize that your distribution is legal, you may use
this language "This distribution of the official version of POV-Ray[tm]
is permitted under the terms of the General License in the file
POVLEGAL.DOC. The POV-Team[tm] does not endorse the distributor or its
products. The POV-Team[tm] receives no compensation for this
distribution."
RETAIL VALUE OF THIS SOFTWARE
Although POV-Ray[tm] is, when distributed within the terms of this
agreement, free of charge, the retail value (or price) of this
program is determined as US$30.00 per copy distributed or copied. If
the Software is distributed or copied without authorization the
person(s) or entity(ies) responsible or involved are each legally
liable to the maximum extent permitted by law for the full amount of
this debt to the copyright holder, or any other person or
organization delegated by the copyright holder for the collection of
this debt.
However, the above paragraph in no way constitutes permission to
distribute this Software outside of the terms of this agreement. In
particular, the conditions and debt mentioned above (whether paid or
unpaid) do not allow you to avoid statutory damages or other legal
penalties and does not constitute any agreement that would allow you
to avoid such other legal remedies as are available to the copyright
holder.
Put simply, POV-Ray[tm] is only free if you comply with our distribution
conditions; it is not free otherwise. The copyright holder of this
Software chooses to give it away free under these and only these
conditions. If you distribute this Software in violation of this
license, what you are doing is no different than if you took a copy
of a commercial software product and distributed it without the
permission of the copyright holder of that product.
For the purpose of copyright regulations and/or statutory damages
provisions, the retail value of this Software is US$30.00 per copy.
USE OF THE POV-RAY SCENE LANGUAGE
The team permits and encourages the creation of programs, including
commercial packages, which import, export or translate files in the
POV-Ray[tm] Scene Description Language. Subject to the requirement in
the following paragraph, there are no restrictions on the use of the
language itself (this does not include the source code that we use to
implement the language).
The POV-Team[tm] reserves the right to add or remove or change any part
of the language. Prior to using the POV-Ray[tm] scene language, you
agree that you will not hold the POV-Team[tm], or anyone associated with
it, or the contributor or author or initiator of any such change, in
any way responsible for whatever happens to you or your product,
program, or whatever use you put the scene language to, as a direct
or indirect result of any such change or changes. This explicitly
includes, but is not limited to, any lost compatibility, lost
profits, bugs, extra development or maintenance, public or private
embarrassment or public relations problems. Your attention is drawn
to the "NO LIABILITY AND INDEMNITY " provisions above to which you
agree to be bound.
TRADEMARKS
"POV-Ray[tm]", "Persistence of Vision", "POV-Team[tm]" and "POV-Help" are
trademarks of the POV-Team[tm]. Any other trademarks referred to herein
are the property of their respective holders. You undertake not to
use, apply for, or register anywhere in the world, any word, name,
trade mark or device which is substantially identical or deceptively
or confusingly similar to any of the POV- Team's[tm] trade marks.
REVOCATION OF LICENSE
VIOLATION OF THIS LICENSE IS A VIOLATION OF COPYRIGHT LAWS. IT WILL
RESULT IN REVOCATION OF ALL PRIVILEGES GRANTED BY IT AND MAY RESULT
IN CIVIL OR CRIMINAL LIABILITY .
Violators who are prohibited from distribution may from time to time
be identified in this document.
In this regard, "PC Format", a magazine published at the time by
Future Publishing, Ltd. in the United Kingdom, distributed incomplete
versions of POV-Ray[tm] 1.0 in violation of the license which was in
effect at the time. They later attempted to distribute POV-Ray[tm] 2.2
without prior permission of the POV-Team[tm] in violation of the license
which was in effect at the time. After the POV-Team[tm] was made aware
of their intent, they were contacted and were granted permission in
return for certain promises they made. They subsequently failed to
honor these promises.
There is evidence that other Future Publishing companies have also
violated our terms. PC Format's actions, particularly in relation to
the incomplete v1.0 distribution (which simply didn't work properly
due to files that had been deleted to fit on the magazine's cover
floppy disk - causing many users to blame us for the faults and
complain to us in email) caused us un-needed stress and support
headaches.
Therefore "PC Format", and any other magazine, book, CD-ROM, or any
other type of publication owned in whole or part by, or related in
any other way, to Future Publishing is expressly prohibited from any
distribution of POV-Ray[tm] software.
MISCELLANEOUS
This Agreement constitutes the complete agreement concerning this
license. Any changes to this agreement must be in writing and may
take the form of notifications by the POV-Team[tm] to you, or through
posting notifications on our website. The use of this Software by any
person is expressly made conditional on their acceptance of the terms
set forth herein. If any provision of this Agreement is found to be
invalid or unenforceable, the invalidity or unenforceability of such
provision shall not affect the other provisions of this agreement and
all provisions not affected by such invalidity or unenforceability
shall remain in full force and effect. You agree to attempt to
substitute for invalid or unenforceable provision a valid or
enforceable provision which achieves to the greatest extent possible,
the objectives and intention of the invalid or unenforceable
provision. The validity and interpretation of this agreement will be
governed by the laws of Australia in the state of Victoria (except
for conflict of law provisions).
CONTACT INFORMATION
License inquiries can be made via email; please check the POV-Ray[tm]
website and the online copy of this document at
http://www.povray.org/povlegal.html for the current email address of
the team leader. (Unfortunately we cannot include it here as we have
to change it from time to time due to spam email being sent to the
address).
The following postal address is only for official license business
and only if email is impossible.
We do not provide technical support. We will not mail you disks with
updated versions. Please do not send money. If you want to know how to
support us, please see http://www.povray.org/supporting-povray.html.
POV-Team
C/O Hallam Oaks P/L
PO Box 407
Williamstown,
Victoria 3016
Australia