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/.
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