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authorMichael Sterrett <mr_bones_@gentoo.org>2008-01-16 21:52:56 +0000
committerMichael Sterrett <mr_bones_@gentoo.org>2008-01-16 21:52:56 +0000
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treea2a90c6b694baefb3b8ae7120764ffd09cccbd30 /licenses
parentWANT_SPLIT_ANT no longer needed. (diff)
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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 ©, 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
-
-