POV-Ray License Agreement
DISTRIBUTOR'S LICENCE AGREEMENT
Persistence of Vision Raytracer(tm) (POV-Ray(tm))
13 August 2004
Licensed Versions: Versions 3.5 and 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
|
