| POV-Ray Licence Agreement |
| GENERAL LICENSE AGREEMENT |
| FOR PERSONAL USE |
| Persistence of Vision Ray Tracer (POV-Ray) |
| Version 3.6 License and Terms & Conditions of Use |
| version of 1 February 2005 |
| (also known as POVLEGAL.DOC) |
| |
| Please read through the terms and conditions of this license carefully. This |
| license is a binding legal agreement between you, the 'User' (an individual |
| or single entity) and Persistence of Vision Raytracer Pty. Ltd. ACN 105 891 |
| 870 (herein also referred to as the "Company"), a company incorporated in the |
| state of Victoria, Australia, for the product known as the "Persistence of |
| Vision Ray Tracer", also referred to herein as 'POV-Ray'. |
| |
| YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF WARRANTY AND NO |
| LIABILITY AND INDEMNITY PROVISIONS. TO USE THE PERSISTENCE OF VISION RAY |
| TRACER ("POV-RAY") YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET |
| OUT IN THIS DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF |
| USE OF POV-RAY SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND |
| CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY NOT USE |
| POV-RAY IN ANY MANNER. THIS GENERAL LICENSE AGREEMENT MUST ACCOMPANY ALL |
| POV-RAY FILES WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE |
| REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE OF |
| POV-RAY WORLDWIDE. THIS DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUS GENERAL |
| LICENSES. |
| |
| INTRODUCTION |
| |
| This document pertains to the use of the Persistence of Vision Ray Tracer |
| (also known as POV-Ray). It applies to all POV-Ray program source files, |
| executable (binary) files, scene files, documentation files, help files, |
| bitmaps and other POV-Ray files contained in official Company archives, |
| whether in full or any part thereof, and are herein referred to as the |
| "Software". The Company reserves the right to revise these rules in future |
| versions and to make additional rules to address new circumstances at any |
| time. Such rules, when made, will be posted in a revised license file, the |
| latest version of which is available from the Company website at |
| http://www.povray.org/povlegal.html. |
| |
| USAGE PROVISIONS |
| |
| Subject to the terms and conditions of this agreement, permission is granted |
| to the User to use the Software and its associated files to create and render |
| images. The creator of a scene file retains all rights to any scene files |
| they create, and any images generated by the Software from them. Subject to |
| the other terms of this license, the User is permitted to use the Software in |
| a profit-making enterprise, provided such profit arises primarily from use of |
| the Software and not from distribution of the Software or a work including |
| the Software in whole or part. |
| |
| Please refer to http://www.povray.org/povlegal.html for licenses covering |
| distribution of the Software and works including the Software. |
| |
| The User is also granted the right to use the scene files, fonts, bitmaps, |
| and include files distributed in the INCLUDE and SCENES\INCDEMO sub- |
| directories of the Software in their own scenes. Such permission does not |
| extend to any other files in the SCENES directory or its sub-directories. The |
| SCENES files are for the User's enjoyment and education but may not be the |
| basis of any derivative works unless the file in question explicitly grants |
| permission to do such. |
| |
| This licence does not grant any right of re-distribution or use in any manner |
| other than the above. The Company has separate license documents that apply |
| to other uses (such as re-distribution via the internet or on CD) ; please |
| visit http://www.povray.org/povlegal.html for links to these. In particular |
| you are advised that the sale, lease, or rental of the Software in any form |
| without written authority from the Company is explicitly prohibited. |
| |
| Notwithstanding anything in the the balance of this licence agreement, |
| nothing in this licence agreement permits the installation or use of the |
| Software in conjunction with any product (including software) produced |
| or distributed by any party who is, or has been, in violation of this |
| licence agreement or of the distribution licence |
| (http://www.povray.org/distribution-license.html) |
| (or any earlier or later versions of those documents) unless: |
| |
| a. the Company has explicitly released that party in writing from the |
| consequences of their non compliance; or |
| b. both of the following are true: |
| i. the installation or use of the Software is without the User |
| being aware of the abovementioned violation; and |
| ii. the installation or use of the Software is not a result (whether |
| direct or indirect) of any request or action of the abovementioned |
| party (or any of its products), any agent of that party (or any of |
| their products), or any person(s) involved in supplying any such |
| product to the User. |
| |
| COPYRIGHT |
| |
| Copyright © 1991-2003, Persistence of Vision Team. |
| Copyright © 2003-2004, Persistence of Vision Raytracer Pty. Ltd. |
| Windows version Copyright © 1996-2003, Christopher Cason. |
| |
| Copyright subsists in this Software which is protected by Australian and |
| international copyright laws. The Software is NOT PUBLIC DOMAIN. |
| |
| Nothing in this agreement shall give you any rights in respect of the |
| intellectual property of the Company and you acknowledge that you do not |
| acquire any rights in respect of such intellectual property rights. You |
| acknowledge that the Software is the valuable intellectual property of the |
| Company and that if you use, modify or distribute the Software for |
| unauthorized purposes or in an unauthorized manner (or cause or allow the |
| forgoing to occur), you will be liable to the Company for any damages it may |
| suffer (and which you acknowledge it may suffer) as well as statutory damages |
| to the maximum extent permitted by law and also that you may be liable to |
| criminal prosecution. You indemnify the Company and the authors of the |
| Software for every single consequence flowing from the aforementioned events. |
| |
| DISCLAIMER OF WARRANTY |
| |
| 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. This Software has inherent |
| limitations including design faults and programming bugs. The entire risk as |
| to the quality and performance of the Software is borne by you, and it is |
| your responsibility to ensure that it does what you require it to do prior to |
| using it for any purpose (other than testing it), and prior to distributing |
| it in any fashion. Should the Software prove defective, you agree that you |
| alone assume the entire cost resulting in any way from such defect. |
| |
| This disclaimer of warranty constitutes an essential and material term of |
| this agreement. If you do not or cannot accept this, or if it is |
| unenforceable in your jurisdiction, then you may not use the Software in any |
| manner. |
| |
| NO LIABILITY |
| |
| When you use the Software you acknowledge and accept that you do so at your |
| sole risk. You agree that under no circumstances shall you have any claim |
| against the Company or anyone associated directly or indirectly with the |
| Company whether as employee, subcontractor, agent, representative, |
| consultant, licensee or otherwise ("Company Associates") 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 the |
| Company were aware, or ought to have been aware, of the potential of such |
| loss. Damages referred to above shall include direct, indirect, general, |
| special, incidental, punitive and/or consequential. |
| |
| This disclaimer of liability constitutes an essential and material term of |
| this agreement. If you do not or cannot accept this, or if it is |
| unenforceable in your jurisdiction, then you may not use the Software. |
| |
| INDEMNITY |
| |
| You indemnify the Company and Company Associates and hold them harmless |
| against any claims which may 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 you or any other |
| party whatsoever as a consequence of any act or omission of the Company |
| and/or Company Associates, whether negligent or not, arising out of your use |
| and/or distribution of the Software, or from any other cause whatsoever, |
| howsoever arising, in connection with the Software. These provisions are |
| binding on your estate, heirs, executors, legal successors, administrators, |
| parents and/or guardians. |
| |
| This indemnification constitutes an essential and material term of this |
| agreement. If you do not or cannot accept this, or if it is unenforceable in |
| your jurisdiction, then you may not use the Software. |
| |
| HIGH RISK ACTIVITIES |
| |
| 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"). The Company specifically disclaims any express or implied |
| warranty of fitness for High Risk Activities and explicitly prohibits the use |
| of the Software for such purposes. |
| |
| CRYPTOGRAPHIC SIGNING OF DOCUMENTS |
| |
| Changes to this Agreement and documents issued under its authority may be |
| cryptographically signed by the POV-Ray Team Co-ordinator's private PGP key. |
| In the absence of evidence to the contrary, such documents shall be considered, |
| under the terms of this Agreement, to be authentic provided the signature is |
| valid. The master copy of this Agreement at http://www.povray.org/povlegal.html |
| will also be signed by the current version of the team-coordinator's key. |
| |
| The public key for the POV-Ray Team-coordinator can be retrieved from the |
| location https://secure.povray.org/keys/. The current fingerprint for it is |
| B4DD 932A C080 C3A3 6EA2 9952 DB04 4A74 9901 4518. |
| |
| MISCELLANEOUS |
| |
| This Agreement constitutes the complete agreement concerning this license. |
| Any changes to this agreement must be in writing and may take the form of |
| notifications by the Company to you, or through posting notifications on the |
| Company website. THE USE OF THIS SOFTWARE BY ANY PERSON OR ENTITY IS |
| EXPRESSLY MADE CONDITIONAL ON THEIR ACCEPTANCE OF THE TERMS SET FORTH HEREIN. |
| |
| 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. The validity and interpretation of this agreement will be governed |
| by the laws of Australia in the state of Victoria (except for conflict of law |
| provisions). |
| |
| CONTACT INFORMATION |
| |
| License inquiries can be made via email; please use the following address |
| (but see 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 and email viruses. Old email addresses may be deleted |
| at our discretion. |
| |
| Note that the above address may change for reasons other than that given above; |
| please check the version of this document at http://www.povray.org/povlegal.html |
| for the current address. Note that your inability or failure to contact us |
| for any reason is not an excuse for violating this licence. |
| |
| Do NOT send any attachments of any sort other than by prior arrangement. |
| EMAIL MESSAGES INCLUDING ATTACHMENTS WILL BE DELETED UNREAD. |
| |
| 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. |
| |
| Persistence of Vision Raytracer Pty. Ltd. |
| PO Box 407 |
| Williamstown, |
| Victoria 3016 |
| Australia |