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1 POV-Ray Licence Agreement
2 GENERAL LICENSE AGREEMENT
3 FOR PERSONAL USE
4 Persistence of Vision Ray Tracer (POV-Ray)
5 Version 3.6 License and Terms & Conditions of Use
6 version of 1 February 2005
7 (also known as POVLEGAL.DOC)
8
9 Please read through the terms and conditions of this license carefully. This
10 license is a binding legal agreement between you, the 'User' (an individual
11 or single entity) and Persistence of Vision Raytracer Pty. Ltd. ACN 105 891
12 870 (herein also referred to as the "Company"), a company incorporated in the
13 state of Victoria, Australia, for the product known as the "Persistence of
14 Vision Ray Tracer", also referred to herein as 'POV-Ray'.
15
16 YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF WARRANTY AND NO
17 LIABILITY AND INDEMNITY PROVISIONS. TO USE THE PERSISTENCE OF VISION RAY
18 TRACER ("POV-RAY") YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
19 OUT IN THIS DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF
20 USE OF POV-RAY SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND
21 CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY NOT USE
22 POV-RAY IN ANY MANNER. THIS GENERAL LICENSE AGREEMENT MUST ACCOMPANY ALL
23 POV-RAY FILES WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE
24 REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE OF
25 POV-RAY WORLDWIDE. THIS DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUS GENERAL
26 LICENSES.
27
28 INTRODUCTION
29
30 This document pertains to the use of the Persistence of Vision Ray Tracer
31 (also known as POV-Ray). It applies to all POV-Ray program source files,
32 executable (binary) files, scene files, documentation files, help files,
33 bitmaps and other POV-Ray files contained in official Company archives,
34 whether in full or any part thereof, and are herein referred to as the
35 "Software". The Company reserves the right to revise these rules in future
36 versions and to make additional rules to address new circumstances at any
37 time. Such rules, when made, will be posted in a revised license file, the
38 latest version of which is available from the Company website at
39 http://www.povray.org/povlegal.html.
40
41 USAGE PROVISIONS
42
43 Subject to the terms and conditions of this agreement, permission is granted
44 to the User to use the Software and its associated files to create and render
45 images. The creator of a scene file retains all rights to any scene files
46 they create, and any images generated by the Software from them. Subject to
47 the other terms of this license, the User is permitted to use the Software in
48 a profit-making enterprise, provided such profit arises primarily from use of
49 the Software and not from distribution of the Software or a work including
50 the Software in whole or part.
51
52 Please refer to http://www.povray.org/povlegal.html for licenses covering
53 distribution of the Software and works including the Software.
54
55 The User is also granted the right to use the scene files, fonts, bitmaps,
56 and include files distributed in the INCLUDE and SCENES\INCDEMO sub-
57 directories of the Software in their own scenes. Such permission does not
58 extend to any other files in the SCENES directory or its sub-directories. The
59 SCENES files are for the User's enjoyment and education but may not be the
60 basis of any derivative works unless the file in question explicitly grants
61 permission to do such.
62
63 This licence does not grant any right of re-distribution or use in any manner
64 other than the above. The Company has separate license documents that apply
65 to other uses (such as re-distribution via the internet or on CD) ; please
66 visit http://www.povray.org/povlegal.html for links to these. In particular
67 you are advised that the sale, lease, or rental of the Software in any form
68 without written authority from the Company is explicitly prohibited.
69
70 Notwithstanding anything in the the balance of this licence agreement,
71 nothing in this licence agreement permits the installation or use of the
72 Software in conjunction with any product (including software) produced
73 or distributed by any party who is, or has been, in violation of this
74 licence agreement or of the distribution licence
75 (http://www.povray.org/distribution-license.html)
76 (or any earlier or later versions of those documents) unless:
77
78 a. the Company has explicitly released that party in writing from the
79 consequences of their non compliance; or
80 b. both of the following are true:
81 i. the installation or use of the Software is without the User
82 being aware of the abovementioned violation; and
83 ii. the installation or use of the Software is not a result (whether
84 direct or indirect) of any request or action of the abovementioned
85 party (or any of its products), any agent of that party (or any of
86 their products), or any person(s) involved in supplying any such
87 product to the User.
88
89 COPYRIGHT
90
91 Copyright © 1991-2003, Persistence of Vision Team.
92 Copyright © 2003-2004, Persistence of Vision Raytracer Pty. Ltd.
93 Windows version Copyright © 1996-2003, Christopher Cason.
94
95 Copyright subsists in this Software which is protected by Australian and
96 international copyright laws. The Software is NOT PUBLIC DOMAIN.
97
98 Nothing in this agreement shall give you any rights in respect of the
99 intellectual property of the Company and you acknowledge that you do not
100 acquire any rights in respect of such intellectual property rights. You
101 acknowledge that the Software is the valuable intellectual property of the
102 Company and that if you use, modify or distribute the Software for
103 unauthorized purposes or in an unauthorized manner (or cause or allow the
104 forgoing to occur), you will be liable to the Company for any damages it may
105 suffer (and which you acknowledge it may suffer) as well as statutory damages
106 to the maximum extent permitted by law and also that you may be liable to
107 criminal prosecution. You indemnify the Company and the authors of the
108 Software for every single consequence flowing from the aforementioned events.
109
110 DISCLAIMER OF WARRANTY
111
112 This Software is provided on an "AS IS" basis, without warranty of any kind,
113 express or implied, including without limitation, any implied warranties of
114 merchantability, fitness for a particular purpose and non-infringement of
115 intellectual property of any third party. This Software has inherent
116 limitations including design faults and programming bugs. The entire risk as
117 to the quality and performance of the Software is borne by you, and it is
118 your responsibility to ensure that it does what you require it to do prior to
119 using it for any purpose (other than testing it), and prior to distributing
120 it in any fashion. Should the Software prove defective, you agree that you
121 alone assume the entire cost resulting in any way from such defect.
122
123 This disclaimer of warranty constitutes an essential and material term of
124 this agreement. If you do not or cannot accept this, or if it is
125 unenforceable in your jurisdiction, then you may not use the Software in any
126 manner.
127
128 NO LIABILITY
129
130 When you use the Software you acknowledge and accept that you do so at your
131 sole risk. You agree that under no circumstances shall you have any claim
132 against the Company or anyone associated directly or indirectly with the
133 Company whether as employee, subcontractor, agent, representative,
134 consultant, licensee or otherwise ("Company Associates") for any loss,
135 damages, harm, injury, expense, work stoppage, loss of business information,
136 business interruption, computer failure or malfunction which may be suffered
137 by you or by any third party from any cause whatsoever, howsoever arising, in
138 connection with your use or distribution of the Software even where the
139 Company were aware, or ought to have been aware, of the potential of such
140 loss. Damages referred to above shall include direct, indirect, general,
141 special, incidental, punitive and/or consequential.
142
143 This disclaimer of liability constitutes an essential and material term of
144 this agreement. If you do not or cannot accept this, or if it is
145 unenforceable in your jurisdiction, then you may not use the Software.
146
147 INDEMNITY
148
149 You indemnify the Company and Company Associates and hold them harmless
150 against any claims which may arise from any loss, damages, harm, injury,
151 expense, work stoppage, loss of business information, business interruption,
152 computer failure or malfunction, which may be suffered by you or any other
153 party whatsoever as a consequence of any act or omission of the Company
154 and/or Company Associates, whether negligent or not, arising out of your use
155 and/or distribution of the Software, or from any other cause whatsoever,
156 howsoever arising, in connection with the Software. These provisions are
157 binding on your estate, heirs, executors, legal successors, administrators,
158 parents and/or guardians.
159
160 This indemnification constitutes an essential and material term of this
161 agreement. If you do not or cannot accept this, or if it is unenforceable in
162 your jurisdiction, then you may not use the Software.
163
164 HIGH RISK ACTIVITIES
165
166 This Software and the output produced by this Software is not fault-tolerant
167 and is not designed, manufactured or intended for use as on-line control
168 equipment in hazardous environments requiring fail-safe performance, in which
169 the failure of the Software could lead or directly or indirectly to death,
170 personal injury, or severe physical or environmental damage ("High Risk
171 Activities"). The Company specifically disclaims any express or implied
172 warranty of fitness for High Risk Activities and explicitly prohibits the use
173 of the Software for such purposes.
174
175 CRYPTOGRAPHIC SIGNING OF DOCUMENTS
176
177 Changes to this Agreement and documents issued under its authority may be
178 cryptographically signed by the POV-Ray Team Co-ordinator's private PGP key.
179 In the absence of evidence to the contrary, such documents shall be considered,
180 under the terms of this Agreement, to be authentic provided the signature is
181 valid. The master copy of this Agreement at http://www.povray.org/povlegal.html
182 will also be signed by the current version of the team-coordinator's key.
183
184 The public key for the POV-Ray Team-coordinator can be retrieved from the
185 location https://secure.povray.org/keys/. The current fingerprint for it is
186 B4DD 932A C080 C3A3 6EA2 9952 DB04 4A74 9901 4518.
187
188 MISCELLANEOUS
189
190 This Agreement constitutes the complete agreement concerning this license.
191 Any changes to this agreement must be in writing and may take the form of
192 notifications by the Company to you, or through posting notifications on the
193 Company website. THE USE OF THIS SOFTWARE BY ANY PERSON OR ENTITY IS
194 EXPRESSLY MADE CONDITIONAL ON THEIR ACCEPTANCE OF THE TERMS SET FORTH HEREIN.
195
196 Except where explicitly stated otherwise herein, if any provision of this
197 Agreement is found to be invalid or unenforceable, the invalidity or
198 unenforceability of such provision shall not affect the other provisions of
199 this agreement, and all provisions not affected by such invalidity or
200 unenforceability shall remain in full force and effect. In such cases you
201 agree to attempt to substitute for each invalid or unenforceable provision a
202 valid or enforceable provision which achieves to the greatest extent
203 possible, the objectives and intention of the invalid or unenforceable
204 provision. The validity and interpretation of this agreement will be governed
205 by the laws of Australia in the state of Victoria (except for conflict of law
206 provisions).
207
208 CONTACT INFORMATION
209
210 License inquiries can be made via email; please use the following address
211 (but see below prior to emailing) :
212
213 team-coord-[three-letter month]-[four-digit year]@povray.org
214
215 for example, team-coord-jun-2004@povray.org should be used if at the time you
216 send the email it is the month of June 2004. The changing email addresses are
217 necessary to combat spam and email viruses. Old email addresses may be deleted
218 at our discretion.
219
220 Note that the above address may change for reasons other than that given above;
221 please check the version of this document at http://www.povray.org/povlegal.html
222 for the current address. Note that your inability or failure to contact us
223 for any reason is not an excuse for violating this licence.
224
225 Do NOT send any attachments of any sort other than by prior arrangement.
226 EMAIL MESSAGES INCLUDING ATTACHMENTS WILL BE DELETED UNREAD.
227
228 The following postal address is only for official license business. Please
229 note that it is preferred that initial queries about licensing be made via
230 email ; postal mail should only be used when email is not possible, or when
231 written documents are being exchanged by prior arrangement.
232
233 Persistence of Vision Raytracer Pty. Ltd.
234 PO Box 407
235 Williamstown,
236 Victoria 3016
237 Australia

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