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