This package was debianized by Pascal Hakim on Sat, 9 Nov 2002 20:20:44 +1100. It is currently maintained by Clément Stenac It was downloaded from http://www.povray.org Copyright: As of version 3.6, POV-Ray comes with 3 different licenses. ----------------------------------------------------------------------- 1) POV-Ray End-User License This is the POV-Ray Licence Agreement suitable for personal use of POV-Ray. POV-Ray Licence Agreement GENERAL LICENSE AGREEMENT FOR PERSONAL USE Persistence of Vision Ray Tracer (POV-Ray) Version 3.6 License and Terms & Conditions of Use version of 7 June 2004 (also known as POVLEGAL.DOC) Please read through the terms and conditions of this license carefully. This license is a binding legal agreement between you, the 'User' (an individual or single entity) and Persistence of Vision Raytracer Pty. Ltd. ACN 105 891 870 (herein also referred to as the "Company"), a company incorporated in the state of Victoria, Australia, for the product known as the "Persistence of Vision Ray Tracer", also referred to herein as 'POV-Ray'. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF WARRANTY AND NO LIABILITY AND INDEMNITY PROVISIONS. TO USE THE PERSISTENCE OF VISION RAY TRACER ("POV-RAY") 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 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 POV-RAY IN ANY MANNER. THIS GENERAL LICENSE AGREEMENT MUST ACCOMPANY ALL POV-RAY FILES WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE OF POV-RAY WORLDWIDE. THIS DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUS GENERAL LICENSES. INTRODUCTION This document pertains to the use of the Persistence of Vision Ray Tracer (also known as POV-Ray). It applies to all POV-Ray program source files, executable (binary) files, scene files, documentation files, help files, bitmaps and other POV-Ray files contained in official Company archives, whether in full or any part thereof, and are herein referred to as the "Software". The Company 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 license file, the latest version of which is available from the Company website at http://www.povray.org/povlegal.html. USAGE PROVISIONS Subject to the terms and conditions of this agreement, permission is granted to the User to use the Software and its associated files to create and render images. The creator of a scene file retains all rights to any scene files they create, and any images generated by the Software from them. Subject to the other terms of this license, the User is permitted to use the Software in a profit-making enterprise, provided such profit arises primarily from use of the Software and not from distribution of the Software or a work including the Software in whole or part. Please refer to http://www.povray.org/povlegal.html for licenses covering distribution of the Software and works including the Software. 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 of the Software 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 the User's enjoyment and education but may not be the basis of any derivative works unless the file in question explicitly grants permission to do such. This licence does not grant any right of re-distribution or use in any manner other than the above. The Company has separate license documents that apply to other uses (such as re-distribution via the internet or on CD) ; please visit http://www.povray.org/povlegal.html for links to these. In particular you are advised that the sale, lease, or rental of the Software in any form without written authority from the Company is explicitly prohibited. COPYRIGHT Copyright © 1991-2003, Persistence of Vision Team. Copyright © 2003-2004, Persistence of Vision Raytracer Pty. Ltd. Windows version Copyright © 1996-2003, Christopher Cason. Copyright subsists in this Software which is protected by Australian and international copyright laws. The Software is NOT PUBLIC DOMAIN. Nothing in this agreement shall give you any rights in respect of the intellectual property of the Company and you acknowledge that you do not acquire any rights in respect of such intellectual property rights. You acknowledge that the Software is the valuable intellectual property of the Company and that if you use, modify or distribute the Software for unauthorized purposes or in an unauthorized manner (or cause or allow the forgoing to occur), you will be liable to the Company for any damages it may suffer (and which you acknowledge it may suffer) as well as statutory damages to the maximum extent permitted by law and also that you may be liable to criminal prosecution. You indemnify the Company and the authors of the Software for every single consequence flowing from the aforementioned events. DISCLAIMER OF WARRANTY This Software is provided on an "AS IS" basis, without warranty of any kind, express or implied, including without limitation, any 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. 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 require it to do prior to using it for any purpose (other than testing it), and prior to distributing it in any fashion. Should the Software prove defective, you agree that you alone assume the entire cost resulting in any way from such defect. This disclaimer of warranty constitutes an essential and material term of this agreement. If you do not or cannot accept this, or if it is unenforceable in your jurisdiction, then you may not use the Software in any manner. NO LIABILITY 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 Company or anyone associated directly or indirectly with the Company whether as employee, subcontractor, agent, representative, consultant, licensee or otherwise ("Company 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 or distribution of the Software even where the Company were aware, or ought to have been aware, of the potential of such loss. Damages referred to above shall include direct, indirect, general, special, incidental, punitive and/or consequential. This disclaimer of liability constitutes an essential and material term of this agreement. If you do not or cannot accept this, or if it is unenforceable in your jurisdiction, then you may not use the Software. INDEMNITY You indemnify the Company and Company 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 or any other party whatsoever as a consequence of any act or omission of the Company and/or Company 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, legal successors, administrators, parents and/or guardians. This indemnification constitutes an essential and material term of this agreement. If you do not or cannot accept this, or if it is unenforceable in your jurisdiction, then you may not use the Software. 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 as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software could lead or directly or indirectly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Company specifically disclaims any express or implied warranty of fitness for High Risk Activities and explicitly prohibits the use of the Software for such purposes. 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 Company to you, or through posting notifications on the Company website. THE USE OF THIS SOFTWARE BY ANY PERSON OR ENTITY IS EXPRESSLY MADE CONDITIONAL ON THEIR ACCEPTANCE OF THE TERMS SET FORTH HEREIN. Except where explicitly stated otherwise 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. In such cases you agree to attempt to substitute for each 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 use the following address (but see below prior to emailing) : team-coord-[three-letter month]-[four-digit year]@povray.org for example, team-coord-jun-2004@povray.org should be used if at the time you send the email it is the month of June 2004. The changing email addresses are necessary to combat spam and email viruses. Old email addresses may be deleted at our discretion. Note that the above address may change for reasons other than that given above; please check the version of this document on the WWW at http://www.povray.org/povlegal.html for the current address. Note that your inability or failure to contact us for any reason is not an excuse for violating this licence. Do NOT send any attachments of any sort other than by prior arrangement. EMAIL MESSAGES INCLUDING ATTACHMENTS WILL BE DELETED UNREAD. The following postal address is only for official license business. Please note that it is preferred that initial queries about licensing be made via email ; postal mail should only be used when email is not possible, or when written documents are being exchanged by prior arrangement. Persistence of Vision Raytracer Pty. Ltd. PO Box 407 Williamstown, Victoria 3016 Australia ----------------------------------------------------------------------- 2) POV-Ray Distribution License: This license is intended for redistribution of POV-Ray. POV-Ray License Agreement DISTRIBUTOR'S LICENCE AGREEMENT Persistence of Vision Raytracer(tm) (POV-Ray(tm)) 7 June 2004 Licensed Version: Version 3.6 Please read through the terms and conditions of this license carefully. This is a binding legal agreement between you, the "Distributor" and Persistence of Vision Raytracer Pty. Ltd. ACN 105 891 870 ("POV"), a company incorporated in the state of Victoria, Australia, for the product known as the "Persistence of Vision Raytracer(tm)", also referred to herein as "POV-Ray(tm)". The terms of this agreement are set out at http://www.povray.org/distribution-license.html ("Official Terms"). The Official Terms take precedence over this document to the extent of any inconsistency. 1. INTRODUCTION 1.1. In this agreement, except to the extent the context requires otherwise, the following capitalised terms have the following meanings: (a) Distribution means: (i) a single item of a distribution medium, including a CD Rom or DVD Rom, containing software programs and/or data; (ii) a set of such items; (iii) a data file in a generally accepted data format from which such an item can be created using generally available standard tools; (iv) a number of such data files from which a set of such items can be created; or (v) a data file in a generally accepted data storage format which is an archive of software programs and/or data; (b) Derived Code means all software which is derived from or is an adaptation of any part of the Software other than a scene file; (c) Intellectual Rights means: (i) all copyright, patent, trade mark, trade secret, design, and circuit layout rights; (ii) all rights to the registration of such rights; and (iii) all rights of a similar nature which exist anywhere in the world; (d) Licensed Version means the version set out at the top of this agreement against the heading "Licensed Version" and all minor releases of this version (ie releases of the form x.y.z); (e) POV Associate means any person associated directly or indirectly with POV whether as a director, officer, employee, subcontractor, agent, representative, consultant, licensee or otherwise; (f) Modification Terms means the most recent version from time to time of the document of that name made available from the Site (g) Revocation List means the list of that name linked to from the Official Terms; (h) Site means www.povray.org; (i) Software means the Licensed Version of the Persistence of Vision Raytracer(tm) (also known as POV-Ray(tm)) (including all POV-Ray program source files, executable (binary) files, scene files, documentation files, help files, bitmaps and other POV-Ray files associated with the Licensed Version) in a form made available by POV on the Site; (j) User Licence means the most recent version from time to time of the document of that name made available from the Site. 2. OPEN SOURCE DISTRIBUTIONS 2.1. In return for the Distributor agreeing to be bound by the terms of this agreement, POV grants the Distributor permission to make a copy of the Software by including the Software in a generally recognised Distribution of a recognised operating system where the kernel of that operating system is made available under licensing terms: (a) which are approved by the Open Source Initiative (www.opensource.org) as complying with the "Open Source Definition" put forward by the Open Source Initiative; or (b) which comply with the "free software definition" of the Free Software Foundation (www.fsf.org). 2.2. As at June 2004, and without limiting the generality of the term, each of the following is a "generally recognised Distribution" for the purposes of clause 2.1: Debian, Red Hat (Enterprise and Fedora), SuSE, Mandrake, Xandros, Gentoo and Knoppix Linux distributions, and officially authorized distributions of the FreeBSD, OpenBSD, and NetBSD projects. 2.3. Clause 2.1 also applies to the Software being included in the above distributions 'package' and 'ports' systems, where such exist; 2.4. Where the Distributor reproduces the Software in accordance with clause 2.1: (a) the Distributor may rename, reorganise or repackage (without omission) the files comprising the Software where such renaming, reorganisation or repackaging is necessary to conform to the naming or organisation scheme of the target operating environment of the Distribution or of an established package management system of the target operating environment of the Distribution; and (b) the Distributor must not otherwise rename, reorganise or repackage the Software. 3. DISTRIBUTION LICENCE 3.1. Subject to the terms and conditions of this agreement, and in return for Distributor agreeing to be bound by the terms of this agreement, POV grants the Distributor permission to make a copy of the Software in any of the following circumstances: (a) in the course of providing a mirror of the POV-Ray Site (or part of it), which is made available generally over the internet to each person without requiring that person to identify themselves and without any other restriction other than restrictions designed to manage traffic flows; (b) by placing it on a local area network accessible only by persons authorized by the Distributor whilst on the Distributor's premises; (c) where that copy is provided to a staff member or student enrolled at a recognised educational institution; (d) by including the Software as part of a Distribution where: (i) neither the primary nor a substantial purpose of the distribution of the Distribution is the distribution of the Software. That is, the distribution of the Software is merely incidental to the distribution of the Distribution; and (ii) if the Software was not included in the Distribution, the remaining software and data included within the Distribution would continue to function effectively and according to its advertised or intended purpose; (e) by including the Software as part of a Distribution where: (i) there is no data, program or other files apart from the Software on the Distribution; (ii) the Distribution is distributed by a person to another person known to that person; or (iii) the Distributor has obtained explicit written authority from POV to perform the distribution, citing this clause number, prior to the reproduction being made. 3.2. In each case where the Distributor makes a copy of the Software in accordance with clause 3.1, the Distributor must, unless no payment or other consideration of any type is received by Distributor in relation to the Distribution: (a) ensure that each person who receives a copy of the Software from the Distributor is aware prior to acquiring that copy: (i) of the full name and contact details of the Distributor, including the Distributor's web site, street address, mail address, and working email address; (ii) that the Software is available without charge from the Site; (iii) that no charge is being made for the granting of a licence over the Software. (b) include a copy of the User Licence and this Distribution License with the copy of the Software. These licences must be stored in the same subdirectory on the distribution medium as the Software and named in such a way as to prominently identify their purpose; 3.3. The Distributor must not rename, reorganise or repackage any of the files comprising the Software without the prior written authority of POV. 3.4. Except as explicitly set out in this agreement, nothing in this agreement permits Distributor to make any modification to any part of the Software. 4. RESTRICTIONS ON DISTRIBUTION 4.1. Nothing in this agreement gives the Distributor: (a) any ability to grant any licence in respect of the use of the Software or any part of it to any person; (b) any rights or permissions in respect of, including rights or permissions to distribute or permit the use of, any Derived Code; (c) any right to bundle a copy of the Software (or part thereof), whether or not as part of a Distribution, with any other items, including books and magazines. POV may, in response to a request, by notice in writing and in its absolute discretion, permit such bundling on a case by case basis. This clause 4.1(c) does not apply to Distributions permitted under clause 2; (d) any right, permission or authorisation to infringe any Intellectual Right held by any third party. 4.2. Distributor may charge a fee for the making or the provision of a copy of the Software. 4.3. Where the making, or the provision, of a copy of the Software is authorised under the terms of clause 3 but not under those of clause 2 of this agreement, the total of all fees charged in relation to such making or provision and including all fees (including shipping and handling fees) which are charged in respect of any software, hardware or other material provided in conjunction with or in any manner which is reasonably connected with the making, or the provision, of a copy of the Software must not exceed the reasonable costs incurred by the Distributor in making the reproduction, or in the provision, of that copy for which the fee is charged. 4.4. Notwithstanding anything else in this agreement, nothing in this agreement permits the reproduction of any part of the Software by, or on behalf of: (a) Any person currently listed on the Revocation List from time to time; (b) Any related body corporate (as that term is defined in section 50 of the Corporations Law 2001 (Cth)) of any person referred to in clause 4.4(a); (c) Any person in the course of preparing any publication in any format (including books, magazines, CD Roms or on the internet) for any of the persons identified in paragraph (a); (d) Any person who is, or has been, in breach of this Agreement and that breach has not been waived in writing signed by POV; or (e) Any person to whom POV has sent a notice in writing or by email stating that that person may not distribute the Software. 4.5. From the day two years after a version of the Software more recent than the Licensed Version is made available by POV on the Site clause 3 only permits reproduction of the Software where the Distributor ensures that each recipient of such a reproduction is aware, prior to obtaining that reproduction, that that reproduction of the Software is an old version of the Software and that a more recent version of the Software is available from the Site. 5. COPYRIGHT AND NO LITIGATION 5.1. Copyright subsists in the Software and is protected by Australian and international copyright laws. 5.2. Nothing in this agreement gives Distributor any rights in respect of any Intellectual Rights in respect of the Software or which are held by or on behalf of POV. Distributor acknowledges that it does not acquire any rights in respect of such Intellectual Rights. 5.3. Distributor acknowledges that if it performs out any act in respect of the Software without the permission of POV it will be liable to POV for all damages POV may suffer (and which Distributor acknowledges it may suffer) as well as statutory damages to the maximum extent permitted by law and that it may also be liable to criminal prosecution. 5.4. Distributor must not commence any action against any person alleging that the Software or the use or distribution of the Software infringes any rights, including Intellectual Rights of the Distributor or of any other person. If Distributor provides one or more copies of the Software to any other person in accordance with the agreement, Distributor waives all rights it has, or may have in the future, to bring any action, directly or indirectly, against any person to the extent that such an action relates to an infringement of any rights, including Intellectual Rights of any person in any way arising from, or in relation to, the use, or distribution, (including through the authorisation of such use or distribution) of: (a) the Software; (b) any earlier or later version of the Software; or (c) any other software to the extent it incorporates elements of the software referred to in paragraphs (a) or (b) of this clause 5.4. 6. DISCLAIMER OF WARRANTY 6.1. To the extent permitted by law, all implied terms and conditions are excluded from this agreement. Where a term or condition is implied into this agreement and that term cannot be legally excluded, that term has effect as a term or condition of this agreement. However, to the extent permitted by law, the liability of POV for a breach of such an implied term or condition is limited to the fullest extent permitted by law. 6.2. To the extent permitted by law, this Software is provided on an "AS IS" basis, without warranty of any kind, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property of any third party. The Software has inherent limitations including design faults and programming bugs. 6.3. The entire risk as to the quality and performance of the Software is borne by Distributor, and it is Distributor's responsibility to ensure that the Software fulfils Distributor's requirements prior to using it in any manner (other than testing it for the purposes of this paragraph in a non-critical and non-production environment), and prior to distributing it in any fashion. 6.4. This clause 6 is an essential and material term of, and cannot be severed from, this agreement. If Distributor does not or cannot agree to be bound by this clause, or if it is unenforceable, then Distributor must not, at any time, make any reproductions of the Software under this agreement and this agreement gives the Distributor no rights to make any reproductions of any part of the Software. 7. NO LIABILITY 7.1. When you distribute or use the Software you acknowledge and accept that you do so at your sole risk. Distributor agrees that under no circumstances will it have any claim against POV or any POV Associate 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 or distribution of the Software even where POV was aware, or ought to have been aware, of the potential of such loss. 7.2. Neither POV nor any POV Associate has any liability to Distributor for any indirect, general, special, incidental, punitive and/or consequential damages arising as a result of a breach of this agreement by POV or which arises in any way related to the Software or the exercise of a licence granted to Distributor under this agreement. 7.3. POV's total aggregate liability to the Distributor for all loss or damage arising in any way related to this agreement is limited to the lesser of: (a) AU$100, and (b) the amount received by POV from Distributor as payment for the grant of a licence under this agreement. 7.4. Distributor must bring any action against POV in any way related to this agreement or the Software within 3 months of the cause of action first arising. Distributor waives any right it has to bring any action against POV and releases POV from all liability in respect of a cause of action if initiating process in relation to that action is not served on POV within 3 months of the cause of action arising. Where a particular set of facts give rise to more than one cause of action this clause 7.4 applies as if all such causes of action arise at the time the first such cause of action arises. 7.5. This clause 7 is an essential and material term of, and cannot be severed from, this agreement. If Distributor does not or cannot agree to be bound by this clause, or if it is unenforceable, then Distributor must not, at any time, make any reproductions of the Software under this agreement and this agreement gives the Distributor no rights to make any reproductions of any part of the Software. 8. INDEMNITY 8.1. Distributor indemnifies POV and each POV Associate and holds each of them harmless against all claims which 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 Distributor or any other party whatsoever as a consequence of: (a) any act or omission of POV and/or any POV Associate, whether negligent or not; (b) Distributor's use and/or distribution of the Software; or (c) any other cause whatsoever, howsoever arising, in connection with the Software. This clause 8 is binding on Distributor's estate, heirs, executors, legal successors, administrators, parents and/or guardians. 8.2. Distributor indemnifies POV, each POV Associate and each of the authors of any part of the Software against all loss and damage and for every other consequence flowing from any breach by Distributor of any Intellectual Right held by POV. 8.3. This clause 8 constitutes an essential and material term of, and cannot be severed from, this agreement. If Distributor does not or cannot agree to be bound by this clause, or if it is unenforceable, then Distributor must not, at any time, make any reproductions of the Software under this agreement and this agreement gives the Distributor no rights to make any reproductions of any part of the Software. 9. HIGH RISK ACTIVITIES 9.1. This Software and the output produced by this Software is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software could lead or directly or indirectly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). POV specifically disclaims all express or implied warranty of fitness for High Risk Activities and, notwithstanding any other term of this agreement, explicitly prohibits the use or distribution of the Software for such purposes. 10. ENDORSEMENT PROHIBITION 10.1. Distributor must not, without explicit written permission from POV, claim or imply in any way that: (a) POV or any POV Associate officially endorses or supports the Distributor or any product (such as CD, book, or magazine) associated with the Distributor or any reproduction of the Software made in accordance with this agreement; or (b) POV derives any benefit from any reproduction made in accordance with this agreement. 11. TRADEMARKS 11.1. "POV-Ray(tm)", "Persistence of Vision Raytracer(tm)" and "POV-Team(tm)" are trademarks of Persistence of Vision Raytracer Pty. Ltd. Any other trademarks referred to in this agreement are the property of their respective holders. Distributor must not use, apply for, or register anywhere in the world, any word, name (including domain names), trade mark or device which is substantially identical or deceptively or confusingly similar to any of Persistence of Vision Raytracer Pty. Ltd's trade marks. 12. MISCELLANEOUS 12.1. The Official Terms, including those documents incorporated by reference into the Official Terms, and the Modification Terms constitute the entire agreement between the parties relating to the distribution of the Software and, except where stated to the contrary in writing signed by POV, supersedes all previous negotiations and correspondence in relation to it. 12.2. POV may modify this agreement at any time by making a revised licence available from the Site at http://www.povray.org/distribution-license.html. This agreement is modified by replacing the terms in this agreement with those of the revised licence from the time that the revised licence is so made available. It is your responsibility to ensure that you have read and agreed to the current version of this agreement prior to distributing the Software. 12.3. Except where explicitly stated otherwise 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. In such cases Distributor agrees to attempt to substitute for each 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. 12.4. A waiver of a right under this agreement is not effective unless given in writing signed by the party granting that waiver. Unless otherwise stipulated in the waiver, a waiver is only effective in respect of the circumstances in which it is given and is not a waiver in respect of any other rights or a waiver in respect of future rights or actions. 12.5. The validity and interpretation of this agreement is governed by the laws in force in the State of Victoria, Australia. Distributor submits to the exclusive jurisdiction of the courts of that State and courts located within that State exercising federal jurisdiction. 12.6. References in this agreement to "written" and "writing" mean on paper or by fax and expressly exclude email and other forms of electronic communication. 13. CONTACT INFORMATION 13.1. This clause 13 does not form part of the agreement. License inquiries can be made via email; please use the following address (but see 13.2 below prior to emailing) : team-coord-[three-letter month]-[four-digit year]@povray org. for example, team-coord-jun-2004@povray.org should be used if at the time you send the email it is the month of June 2004. The changing email addresses are necessary to combat spam. Old email addresses may be deleted at POV's discretion. 13.2. Note that the address referred to in 13.1 may change for reasons other than those referred to in that clause; please check the current version of this document at http://www.povray.org/distribution-license.html. for the current address. Your inability or failure to contact us is no excuse for violating the licence. 13.3. Do NOT send any email attachments of any sort other than by prior arrangement. Do not send email in HTML format. EMAIL MESSAGES INCLUDING ATTACHMENTS WILL BE DELETED UNREAD. 13.4. The following postal address is only for official license business. Please note that it is preferred that initial queries about licensing be made via email; postal mail should only be used when email is not possible, or when written documents are being exchanged by prior arrangement. While it is unlikely this address will change in the short term it would be advisable to check http://www.povray.org/distribution-license.html for the current one prior to sending postal mail. Persistence of Vision Raytracer Pty. Ltd. PO Box 407 Williamstown, Victoria 3016 Australia ----------------------------------------------------------------------- 3) POV-Ray Source License: This license is covering the modification and redistribution of modified versions of POV-Ray. POV-Ray Licence Agreement MODIFICATION TERMS Persistence of Vision Raytracer(tm) (POV-Ray(tm)) 5 July 2004 Licensed Version: Version 3.6 Please read through the terms and conditions of this agreement carefully. This is a binding legal agreement between you and Persistence of Vision Raytracer Pty. Ltd. ACN 105 891 870 ("POV"), a company incorporated in the state of Victoria, Australia, for the product known as the "Persistence of Vision Raytracer(tm)", also referred to herein as "POV-Ray(tm)". In these terms "Licensed Version" means the version of POV-Ray identified at the start of these terms and all minor releases (ie releases of the form x.y.z) of that version. The terms of this agreement are set out at: http://www.povray.org/source-license.html ("Official Terms"). The Official Terms take precedence over this document to the extent of any inconsistency. Except where POV has agreed with you in writing to the contrary, the Official Terms are a complete statement of your ability to modify the source code of the Licensed Version, to use any modifications of the Licensed Version, and to distribute any modifications of the Licensed Version. You may accept these terms by making any modification to the Licensed Version, or by distributing any modification to the Licensed Version. If you do not agree to be bound by these terms you must not make any modifications to the source code of the Licensed Version and must not distribute any modifications of the Licensed Version. 1. PERMITTED MODIFICATION AND USE 1.1. The source code of POV-Ray is provided to: promote the porting of POV-Ray to hardware and operating systems which POV does not support; promote experimentation and development of new features to the core code which might eventually be incorporated into the official version; and provide insight into the inner workings of the program for educational purposes. 1.2. Except as expressly set out in this agreement, or permitted by another agreement between you and POV, any use or modification of any POV-Ray source code is expressly prohibited. 1.3. Subject to this clause 1.3 and the balance of this clause 1, you are granted the privilege to modify and compile the source code of the Licensed Version for your own personal use if such modification fulfils one or more purposes set out in clause 1.1. Each output of such a modification or compilation is called a "Modified Version" in these terms and conditions. Nothing in these terms and conditions gives you any rights or permissions to use, reproduce or modify any part of the source code for any version of POV-Ray other than in a modified version of POV-Ray. In particular, no portion of the source code for the Licensed Version may, under any circumstances, be incorporated into any other program (or separated out to form an independent program) and all Modified Versions that you create must, in substance, be modifications of the Licensed Version. 1.4. You may use any Modified Version that you alone have created only under the conditions granted in the standard POV end-user license for the Licensed Version from which the Modified Version was created. As at July 2004, this licence may be found at: http://www.povray.org/povlegal.doc. Nothing in these terms permits any other person to use any Modified Version. 1.5. Neither the Licensed Version nor any Modified Version may be linked into any other software package either at compile-time using (for example) an object code linker nor at run-time as (for example) a DLL, ActiveX control, OLE server, COM/DCOM server, or other remoting system including, without limitation, any linkage that could blur the end-user's perception of which program provides which functions. 1.6. To allow POV-Ray to communicate with outside programs, the official versions of POV-Ray may include internal communication "hooks", often called an Application Programming Interface, or API. Modification to these APIs or other officially supported communication mechanisms (or the addition of any new code or feature) for the purpose of avoidance (or to assist others to avoid) the intent of this or any other POV license is expressly prohibited. 2. CUSTOM VERSIONS 2.1. Strict conditions and restrictions are imposed if you wish to distribute a modified version of POV-Ray, its documentation or other parts of the package, including any translation of the documentation into other languages or file formats. 2.2. For the purposes of these terms and conditions, a "Custom Version" means a Modified Version which has all of the following characteristics: (a). it must have all of the functions of the Licensed Version with all existing features, copyright notices, author attributions, all Licence Agreements, etc., intact; (b). any reference to the software being an "Official Version" in any files included in the Modified Version must be altered to clearly state that it is not an official but an unofficial version; (c). when used by a user it must be clear to that user: (i). that the Modified Version is a version of POV-Ray that has been modified, and does not appear to be another program that happens to have POV-Ray or POV-Ray functionality built-in; (ii). that the Modified Version is an unofficial version of POV-Ray; (iii). who is the creator of the Modified Version; (d). the Modified Version must include accurate information in the DISTRIBUTION_MESSAGE macros in the source file OPTOUT.H and must prominently display this information. This information must at least correctly identify who made the custom version. (e). It must display each copyright notice and credit screen which is displayed by the Licensed Version and do so in a similar manner to that of the Licensed Version. When each such notice or screen is displayed, the Modified Version must indicate that the version is a modified and unofficial version. In particular, if it is a version of POV-Ray that contains splash screens or about boxes (e.g. Windows, Macintosh) each splash screen and about box in the Licensed Version must be present in the Modified Version and must be rendered and presented in a similar manner; (f). if the Modified Version contains any feature that would cause a POV-Ray scene source file that works on the Modified Version to fail or otherwise work incorrectly on either the current official version of POV-Ray, or on the Licensed Version, then the Modified Version must check that the scene source file has a #version directive that includes the 'unofficial' token, and must only activate any variations from the Licensed Version (including, but not limited to, new keywords) if that #version directive is present. If that directive is not present, the Modified Version must work in the same way as the Licensed Version. An example of a correct 'unofficial' #version declaration is '#version unofficial megapov 0.7 ;'. 2.3. It is the intent of POV to permit modifications to the Licensed Version which are Custom Versions within the meaning of clause 2.2 and which incorporate a means of being controlled by other software where that other software has as its express primary purpose the ability to control or co-ordinate POV-Ray (or other programs in general) remotely for parallel or network rendering purposes. 3. CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS 3.1. You must not distribute any Modified Version to any person if that Modified Version is not a Custom Version as defined by section 2.2. 3.2. You may distribute a Custom Version on the terms of the Distributor's Licence Agreement for the Licensed Version as modified by this clause 3 and with: (a). references to the Licensed Version read as references to the Custom Version; and (b). references to the Software read as references to the Custom Version; 3.3. The distribution licence is available from: http://www.povray.org/. As at July 2004, this licence is available at: http://www.povray.org/distribution-license.html. 3.4. You must ensure that each user of the Custom Version is aware that it is an unofficial build of POV-Ray which is not supported by POV and that the POV-Ray developers are not in any way responsible for it; 3.5. You must either: (a). accompany each object code version of the Custom Version which is distributed with the full source code for that Custom Version and full documentation describing all modifications that you have made to the Licensed Version; or (b). for a period of at least 3 years following the first distribution of an object code version of the Custom Version make available for download over the internet to each person who receives an object code version of the Custom Version the full source code for the Custom Version and full documentation describing all modifications that you have made to the Licensed Version and you must make each person who receives an object code version of the Custom Version aware that the source code and documentation is available for download, and the location from which it can be downloaded; and, in either case, (c). that source code must be licensed to each person who receives it under the same terms as these Modification Terms. 3.6. You may, at your option: (a). waive clause 4.5 of the standard distribution licence with respect to distribution of the Custom Version; and (b). include as additional clauses, and without affecting any of the existing provisions of the licence, limitation of liability provisions in favour of yourself in the same terms as clauses 6 and 7 of the standard distribution licence. 3.7. Where a Custom Version is distributed in accordance with the terms of this agreement: (a). You must license each recipient of that Custom Version to use those portions of the Custom Version in respect of which you hold copyright on the terms of the standard POV end-user license for the Licensed Version from which the Modified Version was created; (b). POV agrees to licence each recipient of that Custom Version to use those portions of the Custom Version in respect of which POV holds copyright on the terms of the standard POV end-user license for the Licensed Version from which the Modified Version was created. 4. CONTRIBUTING BUG FIXES AND ENHANCEMENTS 4.1. POV is not obliged to accept enhancements and bug fixes that you submit to it. However, if it does so, it does so in accordance with the then current Contribution Terms. POV may require you to complete and send documentation to POV prior to accepting a bug fix and, in particular, will require a copyright assignment of each contribution. 5. COPYRIGHT AND INTELLECTUAL PROPERTY 5.1. Copyright subsists in the Licensed Version and it is protected by Australian and international copyright laws. 5.2. Nothing in this agreement gives you any rights in respect of any Intellectual Rights in respect of the Licensed Version or which are held by or on behalf of POV. You acknowledge that you do not acquire any rights in respect of such Intellectual Rights. 5.3. You acknowledge that if you perform any act in respect of the Software without the permission of POV you will be liable to POV for all damages POV may suffer (and which you acknowledge POV may suffer) as well as statutory damages to the maximum extent permitted by law and that you may also be liable to criminal prosecution. 5.4. For the purposes of this clause 5 Intellectual Rights means: (a). all copyright, patent, trade mark, trade secret, design, and circuit layout rights; (b). all rights to the registration of such rights; and (c). all rights of a similar nature which exist anywhere in the world; 6. DISCLAIMER OF WARRANTY 6.1. To the extent permitted by law, all implied terms and conditions are excluded from this agreement. Where a term or condition is implied into this agreement and that term cannot be legally excluded, that term has effect as a term or condition of this agreement. However, to the extent permitted by law, the liability of POV for a breach of such an implied term or condition is limited to the fullest extent permitted by law. 6.2. To the extent permitted by law, the Licensed Version is provided on an "AS IS" basis, without warranty of any kind, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property of any third party. The Licensed Program has inherent limitations including design faults and programming bugs. 6.3. The entire risk as to the quality and performance of the Licensed Software, and of any Custom Version is borne by you, and it is your responsibility to ensure that it fulfils your requirements prior to using it in any manner. 6.4. This clause 6 is an essential and material term of, and cannot be severed from, this agreement. If you do not or cannot agree to be bound by this clause, or if it is unenforceable, then you must not, at any time, make any use or reproductions of the Licensed Version under this agreement and this agreement gives you no rights to deal in any way with any part of the Licensed Version. 7. NO LIABILITY 7.1. When you use or modify the Licensed Version you acknowledge and accept that you do so at your sole risk. You agree that under no circumstances will you have any claim against POV or any POV Associate 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 what- soever, howsoever arising, in connection with your use, modification or distribution of the Software even where POV was aware, or ought to have been aware, of the potential of such loss. 7.2. Neither POV nor any POV Associate has any liability to you for any indirect, general, special, incidental, punitive and/or consequential damages arising as a result of a breach of this agreement by POV or which arises in any way related to the Licensed Version or the exercise of a licence granted to you under this agreement. 7.3. POV's total aggregate liability to you for all loss or damage arising in any way related to this agreement is limited to the lesser of: (a) AU$100, and (b) the amount received by POV from you as payment for the grant of a licence under this agreement. 7.4. You must bring any action against POV in any way related to this agreement or the Licensed Version within 3 months of the cause of action first arising. You waive any right you have to bring any action against POV and release POV from all liability in respect of a cause of action if initiating process in relation to that action is not served on POV within 3 months of the cause of action arising. Where a particular set of facts give rise to more than one cause of action this clause 7.4 applies as if all such causes of action arise at the time the first such cause of action arises. 7.5. This clause 7 is an essential and material term of, and cannot be severed from, this agreement. If you does not or cannot agree to be bound by this clause, or if it is unenforceable, then you must not, at any time, make any use or reproductions of the Licensed Version under this agreement and this agreement gives you no rights to deal in any way with any part of the Licensed Version. 8. MISCELLANEOUS 8.1. POV may modify this agreement at any time by making a revised licence available from: http://www.povray.org/source-license.html. This agreement is modified by replacing the terms in this agreement with those of the revised licence from the time that the revised licence is so made available. It is your responsibility to ensure that you have read and agreed to the current version of this agreement prior to making any modification to the Licensed Version. 8.2. Except where explicitly stated otherwise 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. In such cases you agree to attempt to substitute for each 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. 8.3. A waiver of a right under this agreement is not effective unless given in writing signed by the party granting that waiver. Unless otherwise stipulated in the waiver, a waiver is only effective in respect of the circumstances in which it is given and is not a waiver in respect of any other rights or a waiver in respect of future rights or actions. 8.4. The validity and interpretation of this agreement is governed by the laws in force in the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and courts located within that State exercising federal jurisdiction. 8.5. References in this agreement to "written" and "writing" mean on paper or by fax and expressly exclude email and other forms of electronic communication. 8.6. "POV Associate" means any person associated directly or indirectly with POV whether as a director, officer, employee, subcontractor, agent, representative, consultant, licensee or otherwise. 8.7. "Distributor's Licence Agreement" in respect of a Licensed Version, means the agreement of that name for that Licensed Version made available from: http://www.povray.org/.