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- 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 1 February 2005
- (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.
-
-Notwithstanding anything in the the balance of this licence agreement,
-nothing in this licence agreement permits the installation or use of the
-Software in conjunction with any product (including software) produced
-or distributed by any party who is, or has been, in violation of this
-licence agreement or of the distribution licence
- (http://www.povray.org/distribution-license.html)
-(or any earlier or later versions of those documents) unless:
-
- a. the Company has explicitly released that party in writing from the
- consequences of their non compliance; or
- b. both of the following are true:
- i. the installation or use of the Software is without the User
- being aware of the abovementioned violation; and
- ii. the installation or use of the Software is not a result (whether
- direct or indirect) of any request or action of the abovementioned
- party (or any of its products), any agent of that party (or any of
- their products), or any person(s) involved in supplying any such
- product to the User.
-
-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.
-
-CRYPTOGRAPHIC SIGNING OF DOCUMENTS
-
-Changes to this Agreement and documents issued under its authority may be
-cryptographically signed by the POV-Ray Team Co-ordinator's private PGP key.
-In the absence of evidence to the contrary, such documents shall be considered,
-under the terms of this Agreement, to be authentic provided the signature is
-valid. The master copy of this Agreement at http://www.povray.org/povlegal.html
-will also be signed by the current version of the team-coordinator's key.
-
-The public key for the POV-Ray Team-coordinator can be retrieved from the
-location https://secure.povray.org/keys/. The current fingerprint for it is
-B4DD 932A C080 C3A3 6EA2 9952 DB04 4A74 9901 4518.
-
-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 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