path: root/community/povray/distribution-license.txt

                     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