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diff --git a/community/povray/distribution-license.txt b/community/povray/distribution-license.txt new file mode 100644 index 000000000..16615f148 --- /dev/null +++ b/community/povray/distribution-license.txt @@ -0,0 +1,532 @@ + 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 |