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+ 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/.