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author | root <root@rshg054.dnsready.net> | 2012-12-29 02:13:48 -0800 |
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committer | root <root@rshg054.dnsready.net> | 2012-12-29 02:13:48 -0800 |
commit | 5dd7ed82e788ebad2e920e0f2db7468cc6547cfe (patch) | |
tree | f467412e09912ababcd8fe6c05193d829f514dcd /community/povray/source-license.txt | |
parent | 3009e8addb4a894329bf8ab3e8fb763361833978 (diff) |
Sat Dec 29 02:10:20 PST 2012
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-rw-r--r-- | community/povray/source-license.txt | 360 |
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diff --git a/community/povray/source-license.txt b/community/povray/source-license.txt new file mode 100644 index 000000000..aaf3dbaa1 --- /dev/null +++ b/community/povray/source-license.txt @@ -0,0 +1,360 @@ + 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/. |