POV-Ray : POV-Ray License (POVLEGAL.DOC)
  POV-Ray License (POVLEGAL.DOC)  
Note that this document is provided for historical purposes. It applied only to POV-Ray version 3.5. The email address provided at the bottom of this document is no longer valid. See povlegal.html for the current version.
POV-Ray v3.5 License Agreement

POV-Ray Legal Document
GENERAL LICENSE AGREEMENT
Persistence of Vision™ Ray Tracer (POV-Ray™)
Version 3.5 License and
Terms & Conditions of Use
14 April 2002
(also known as POVLEGAL.DOC)

PLEASE READ THROUGH THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF WARRANTY AND NO LIABILITY AND INDEMNITY PROVISIONS. TO USE AND/OR DISTRIBUTE 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 AND/OR DISTRIBUTE POV- RAY™ IN ANY MANNER. THIS GENERAL LICENSE AGREEMENT MUST ACCOMPANY ALL PERSISTENCE OF VISION FILES WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE OF PERSISTENCE OF VISION WORLDWIDE. THIS DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUS GENERAL LICENSES OR DISTRIBUTION POLICIES. ANY INDIVIDUALS, COMPANIES OR GROUPS WHO HAVE BEEN GRANTED LICENSES FOR EARLIER VERSIONS MAY CONTINUE TO DISTRIBUTE THEM BUT MUST RE-APPLY FOR VERSION 3.5 OR LATER VERSIONS.

INTRODUCTION

This document pertains to the use and distribution of the Persistence of Vision™ Ray Tracer a.k.a POV-Ray™ and known in this document as POV-Ray™ or 'the Software'. It applies to all POV- Ray™ program source files, executable (binary) files, scene files, documentation files, help file, bitmaps and INI files contained in official POV-Team™ archives. All of these are referred to here as "the Software". The POV-Team™ 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 POVLEGAL.DOC, the latest version of which is available from our website at http://www.povray.org/povlegal.html. The POV-Team™ are the programmers and assistants from time to time who work as part of the "POV-Team" in the development, modification and/or distribution of the Software.

INTENT OF THIS LICENSE

The intent of this license is to allow the free and legal distribution of POV-Ray™ throughout the community, and to permit users to freely enjoy its benefits. The POV-Ray™ developers, past and present, have donated their time and in some cases considerable amounts of their own money towards the development of this software package, which we provide for no charge (within the constraints of this license) to the public at large.

The POV-Ray™ developers decided, long ago (about 1990), that they did not want the free nature of this package to be sullied by unscrupulous third parties who wanted to make a quick buck from the developer's hard work. This decision was made after some practical experience with just such activity. We have strong objections to end-users having to pay for this software when they could have received it for free had they only known better.

Though this may seem an unlikely scenario for those used to the internet and aware of the free availability of POV-Ray™, this in fact does to this day still happen. As this updated POVLEGAL is being written (in 2001) there is at least one CD that we know of - being sold both on the internet and in stores - that is presented to potential purchasers as a 3D rendering product, with nothing present on the exterior that would lead the buyer to believe that the renderer inside is in fact a free program (namely, POV-Ray™).

Therefore, the intent of this license is to encourage free distribution and use, while severely restricting non-free distribution and use. Some of the more wordy sections below dealing with third-party distribution have only become so because some commercial vendors found some fairly imaginative ways to avoid the intent of this license. If your intended use of the Software seems to conflict with this basic intent, you should contact us before proceeding with your plans (but read the rest of this document before you write).

WHY ISN'T POV-RAY OPEN SOURCE ?

While this explanation doesn't really belong in this document, we are asked it often enough that we have decided to put it here. While the POV-Ray™ source code is freely available, it isn't 'open' according to the currently popular definition of the term (meaning that it isn't available to create derivative works other than fully functional versions of POV-Ray). The reasons for this are historical. Primarily, at the time that POV-Ray™ was originally developed (starting in about 1990), on Compuserve, it was a different environment than today. Virtually none of the developers had internet access and there wasn't a great awareness of things like the GPL. The team at that time rolled their own license - one that allowed free use of the software but attempted to prevent people taking unfair advantage of it.

As people contributed code to POV-Ray™ over the years - and there have been many instances of this - they contributed it to us on the understanding that it would be covered by the POV-Ray™ license, as it stood at the time. Now, in 2001, we find that in many cases we don't know who wrote what part of the code, or that the author is uncontactable. We simply don't have the right to arbitrarily change the terms under which their source code is distributed. Even though it was contributed to us, we feel that we must honor the terms under which it was given. Therefore, POV- Ray™ will remain on this existing license until we do a full re-write (which is intended for v4), at which time a new license will be instituted that is far more liberal in terms of reuse.

COPYRIGHT

Copyright ©, POV-Team™ 1991-2002. Copyright subsists in the Software which is protected by Australian and international copyright laws. Although it is distributed as freeware, it is NOT PUBLIC DOMAIN. You acknowledge that any and all intellectual property rights including all rights of copyright used or embodied in or in connection with the Software are and will remain the sole property of the POV-Team™. You shall not question or dispute the ownership of such rights at any time. Nothing in this document shall give you any rights in respect of the intellectual property of the POV-Team™ and you acknowledge that you do not acquire any rights in respect of such intellectual property rights. If you use, modify or distribute the Software for unauthorized purposes or in an unauthorized manner, you will be liable to the POV-Team™ for any damages it may suffer (and which you acknowledge it may suffer) and you may also be liable to criminal prosecution. You indemnify the POV-Team™ for every single consequence flowing from your unauthorized use of the Software.

DISCLAIMER OF WARRANTY

This Software is provided on an "AS IS" basis, without warranty of any kind, express or implied, including without limitation, the 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. As the program is free, 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 intend it to do prior to using it for any purpose other than testing it. Should the Software prove defective, you and not the POV-Team™ or anyone associated with them assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential and material term of this agreement.

NO LIABILITY AND INDEMNITY

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 POV-Team™ or anyone associated directly or indirectly with the POV-Team™ whether as employee, subcontractor, agent, representative, consultant, licensee or otherwise ("POV-Team™ 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 and/or distribution of the Software even where the POV-Team™ were aware, or ought to have been aware, of the potential of such loss. Damages shall include direct, indirect, general, special, incidental, punitive and/or consequential. If you do not accept this no liability condition, you must not use this Software.

You indemnify the POV-Team™ and the POV-Team™ 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, your spouse, dependants or any other third party whatsoever as a consequence of any act or omission of the POV-Team™ and/or the POV-Team™ 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, administrators, parents and/or guardians.

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 or resale as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The POV-Team specifically disclaim any express or implied warranty of fitness for High Risk Activities.

USAGE PROVISIONS

Subject to the terms and conditions of this agreement, permission is granted to the user to use the Software and associated files in this package to create and render images. The use of this Software for the purpose of creating images is completely free. The creator of a scene file retains all rights to the scene file they created, and any image generated by the Software from them.

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 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 your enjoyment and education but may not be the basis of any derivative works unless the file in question explicitly grants permission to do such.

ACCEPTANCE OF LICENSE

Some jurisdictions deem licenses that have not been physically signed by the person or legal entity using the software which is the subject of the license to have not been accepted in a legal sense. However, since you have not paid for this Software, nothing else other than acceptance of this license in full grants you the right to use, modify, or distribute it or any derivative works made from it. By using, modifying, making a derivative work, or distributing any part or version of the Software, you indicate your acceptance of this License and all of its terms and conditions. If you have not accepted the license such actions would be illegal.

DISTRIBUTION AND/OR MODIFICATION

This copyrighted package may ONLY be distributed and/or modified according to the terms and conditions contained in this License Agreement.

The permission to distribute this Software, under certain very specific conditions, is granted in advance, provided that the following conditions are met. If your distribution, or intended distribution, does not meet these conditions, you may not distribute the Software.

Anyone intending to distribute this Software must ensure that they comply with our license at all times. If you are intending to distribute POV-Ray™ and are not reading the master copy of this license found on our web site at http://www.povray.org/povlegal.html, you should instead read that version, as it may have changed since the copy that you are reading was written.

The Software must not be distributed commercially (where 'commercially' means any distribution that would qualify under the terms of the 'CONDITIONS FOR COMMERCIAL BUNDLING' section which appears later in this document) without the express written permission of the POV-Team. This restriction applies not only to this Software but also to any derivative of it or any part of it.

You may not distribute (or continue to distribute if you have already started) the Software if you have been or are in breach of any of the conditions of this license, or if you or your legal representatives have been notified by us or our authorized representatives (via telephone, email, fax, or physical mail to the last known contact point for that communication method) that you may not.

The Software must not be distributed in a form different from the official distribution without the express, prior, written permission of the POV-Team™. The official distribution are those official versions which appear on our website from time to time. You may rename the distribution files only to meet the file name conventions of your system or to avoid file name duplications. The POV-Team™ is willing to make exceptions in certain circumstances (e.g. to allow Linux vendors to use RPM), but these are on a case-by-case basis. Please write us if you would like to do this.

You must distribute a FULL PACKAGE of files as defined under "DEFINITION OF FULL PACKAGE" below, in the next section. No portion of this package may be separated from the package and distributed separately other than under the conditions specified in the provisions given below.

Any physical distribution (that is, by any means other than online download) of POV-Ray™ by any person or organisation, for any purpose other than personal sharing of the software, must include full contact details of the distributor. This includes at the very least a valid physical mailing address (including country), a telephone number if the distributor provides that for any of its other products, and a working, manned email address if the distributor has an internet presence of any sort. If the distributor has a web site then its URL must also be included.

Only non-commercial distribution in which no money or compensation is charged (such as a user copying the Software for a personal friend or colleague) is permitted. No other restrictions may be placed on the distribution of the Software.

Internet distribution of our official archives on web or FTP sites is permitted, provided that no charge is made for downloading or accessing the files (other than the normal fees the user pays to access the internet), and that the versions distributed are the latest available (or that, in the case of a web page, a clearly positioned link is provided to the latest version, and in the case of an FTP site, that the latest version is present in the same subdirectory).

Teachers and educational institutions may also distribute the material to students for free or they may charge minimal copying costs if the Software is to be used in a course.

Any other distribution for which money or any other compensation is asked for or received must meet the terms and conditions set out below.

CONDITIONS FOR CD-ROM DISTRIBUTION
CONDITIONS FOR SHAREWARE/FREEWARE DISTRIBUTION

A 'shareware and freeware distributor', for the purpose of this document, is one which CLEARLY IDENTIFIES itself as such to anyone dealing with it or its resellers, both in general, and also with respect to the interior and exterior packaging of any products it sells. If there is any possibility that a person, prior to or after performing a purchase of any shareware or freeware product from the distributor or any reseller of the distributor, would not be aware that they are receiving shareware or freeware software, then that distributor is NOT considered a 'shareware or freeware distributor' by this license, and the following grant of permission does not apply to them.

Additionally, the following only applies to distributors of collected programs; anyone wishing to bundle the package with a shareware product must use the commercial bundling rules set out below under "CONDITIONS FOR COMMERCIAL BUNDLING". Also, a distribution that would otherwise have qualified under the 'shareware/freeware distributor' terms, but which is constructed in such a way that it would be of little or no practical use without POV-Ray™, is considered commercial and must use the commercial bundling rules.

Shareware and freeware distribution companies may distribute the Software included in software- only compilations using media such as, but not limited to, floppy disk, CD-ROM, tape backup, optical disks, hard disks, or memory cards.

Distribution on CD-ROM or high capacity media such as backup tape is permitted if the total cost to the user is no more than two (2) U.S. cents per megabyte of data. For example a CD-ROM with 600 meg could cost no more than US$12.00 at any point of sale, including the point of sale to the consumer. Companies or individuals that distribute to resellers hereby agree that they will be in breach of this license if any of their resellers breach this license and such companies or individuals indemnify the POV-Team™ accordingly.

Any bundling with books, magazines or other print media must have the prior written approval of the POV-Team™. If we do approve of such publication, you must provide us with two (2) copies of the publication in question as soon as it is released. In the case of magazines, we normally approve such requests, subject to the conditions in this document.

For floppy disk distribution, no more than one US dollar (US$1.00) can be charged per disk for the copying of this Software and the media it is provided on. Space on each disk must be used as fully as possible. You may not spread the files over more disks than are necessary.

The users to whom you wish to distribute the Software must also agree to be bound by the terms and conditions of this License Agreement. You indemnify the POV-Team™ from any loss or harm which it may suffer as a result of your failure to ensure that the users to whom you are distributing the Software have agreed to be bound by the terms and conditions of this License Agreement.

ONLINE OR REMOTE EXECUTION OF POV-RAY

Some internet sites have been set up so that remote users can actually run POV-Ray™ software on the internet server. Other companies sell CPU time for running POV-Ray™ software on workstations or high-speed computers. Such use of POV-Ray™ software is permitted under the following conditions.

Fees or charges, if any, for such services must be for connect time, storage or processor usage ONLY. No premium charges may be assessed for use of POV-Ray™ beyond that charged for use of other software. Users must be clearly notified that they are being charged for use of the computer and not for use of POV-Ray™ software.

Users must be prominently informed that they are using POV-Ray™ software, that such software is free, and where they can find official POV-Ray™ software. Any attempt to obscure the fact that the user is running POV-Ray™ is expressly prohibited.

All files normally available in a full package distribution, especially a copy of this license and full documentation must be available for download or readable online so that users of an online executable have access to all of the material of a full user package. The full user package is the entire distribution for a given platform excluding the actual program files. The distributor must also ensure that the users have agreed to be bound by the terms and conditions of this license, failing which such users may not download or view or use the Software.

If the POV-Ray™ software has been modified in any way, it must also comply with the provisions for custom versions set out under "CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS" below.

DEFINITION OF "FULL PACKAGE"

A "full package" contains an executable program, documentation, and sample scenes. For generic Unix platforms, there are no executables available so the source code must be included instead of the executable program, unless you choose to build one (in which case you must comply with the terms for unofficial versions, found below).

POV-Ray™ is officially distributed for Windows 95/98/NT; Linux for Intel x86 series; and Apple PowerPC. Other systems may be added in the future.

Distributors need not support all platforms but for each platform you support you must distribute a full package. For example a Macintosh only CD-ROM need not distribute the Windows versions.

This Software may ONLY be bundled with other software packages according to the conditions specified under "CONDITIONS FOR COMMERCIAL BUNDLING" below.

PERMITTED MODIFICATION AND CUSTOM VERSIONS

Although the full source code for POV-Ray™ is distributed, there are strict rules for the use of the source code. The source distribution is provided to; 1) promote the porting of POV-Ray™ to hardware and operating systems which the POV-Team™ cannot support, 2) promote experimentation and development of new features to the core code which might eventually be incorporated into the official version, and 3) provide insight into the inner workings of the program for educational purposes.

These license provisions have been established to promote the growth of POV-Ray™ and prevent difficulties for users and developers alike. Please follow them carefully for the benefit of all concerned when creating a custom version.

The user is granted the privilege to modify and compile the source code for their own personal use in any fashion they see fit.

However strict conditions and restrictions are imposed if the user wishes to distribute a modified version of the Software, documentation or other parts of the package (hereafter referred to as a "custom version"). This includes any translation of the documentation into other languages or other file formats.

A "custom version" is defined as a fully functional version of POV-Ray™ with all existing features, copyright notices, author attributions, this License Agreement, etc., intact. ANY OTHER USE OF ANY POV-RAY SOURCE CODE IS EXPRESSLY PROHIBITED. The POV-Team™ does not license source code for any use outside POV-Ray™. No portion of the POV-Ray™ source code may be, under any circumstances, incorporated into another program unless it is clearly a custom version of POV-Ray™ that includes all of the functions of the POV-Ray™ renderer.

All executables, documentation, modified files and descriptions of the same must clearly identify themselves as a modified and unofficial version of POV-Ray™. Any attempt to obscure the fact that the user is running POV-Ray™ or to obscure that it is an unofficial version is expressly prohibited.

POV-Ray™ may not be linked into other software either at compile-time using an object code linker nor at run-time as a DLL, ActiveX, or other system. Such linkage can tend to blur the end- user's perception of which program provides which functions and thus qualifies as an attempt to obscure what is running.

To allow POV-Ray™ to communicate with outside programs, the official versions of POV-Ray™ may include internal communication "hooks" for it to call other tasks, often called an Application Programming Interface, or API. For example: the generic part of POV-Ray™ provides operating system shell-out API commands. The Windows version has a GUI-extension API and the ability to replace the text editor. Modification to these APIs or other officially supported communication mechanisms to increase functionality beyond that of the official version, or to avoid the intent of this license, is EXPRESSLY PROHIBITED.

CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS

If your re-compiled version meets all requirements for custom versions listed above under "PERMITTED MODIFICATION AND CUSTOM VERSIONS", the following additional conditions apply to its distribution:

You must provide all support for all users who use your custom version. You must provide information so that users may contact you for support for your custom version. The POV-Ray™ Team is not obligated to provide you or your users any technical support.

You must include contact information in the DISTRIBUTION_MESSAGE macros in the source file OPTOUT.H and insure that the program prominently displays this information. You must ensure that your version displays all copyright notices and credit screens for the official version, though they must be clearly marked as unofficial.

The purpose of this next requirement is to allow the official POV-Ray™ to detect scene files that are incompatible with it by testing the #version declaration. It can then tell the user why the given scene file will not work, rather than issue what could be confusing syntax errors or perform erroneous rendering. This results in a better experience for the end users of this Software.

If your custom version contains any feature that would cause a POV-Ray™ scene source file that works on your version to fail or otherwise work incorrectly on either the current official version of POV-Ray™, or on the official version that was built from the version of the source that you are using for your custom version, you must include code that checks that the scene source file has a #version directive that includes the 'unofficial' token, and you must only activate your changes (including, but not limited to, new keywords) if that #version directive is present. If it is not present your custom version must work in the same way as the standard POV-Ray™ that it is built from. An example of a correct 'unofficial' #version declaration is '#version unofficial megapov 0.7 ;'.

Custom versions may only be distributed as freeware and under terms no less restrictive than this license. You must make all of your modifications to POV-Ray™ freely and publicly available with FULL SOURCE CODE to the modified portions of POV-Ray™ and must freely distribute full source to any new parts of the custom version. The goal is that users must be able to re-compile the program themselves using readily available compilers and run-time libraries and to be able to further improve the program with their own modifications.

You must provide documentation for any and all modifications that you have made to the program that you are distributing and include clear and obvious information on how to obtain the official POV-Ray™.

The user is encouraged to send enhancements and bug fixes to the POV-Team™, but the team is in no way required to utilize these enhancements or fixes. By sending material to the team, the contributor asserts and warrants that he owns the materials or has the right to distribute these materials. He authorizes the team to use the materials any way they like. The contributor still retains rights to the donated material, but by donating, grants, and warrants that he is entitled to grant unrestricted, irrevocable usage and distribution rights to the POV-Team™ and indemnifies them against any claims of unauthorized use of the donated software or any technology contained or expressed within it. The team doesn't have to use the material, but if it does, you do not acquire any rights related to POV-Ray™. The team may give you credit as the creator of new code if applicable.

You must include a copy of the latest version of this document as obtained from http://www.povray.org/povlegal.html, and ensure that the user has agreed to be bound by the terms and conditions of use as set out in this License Agreement. You indemnify the POV-Team for any harm or loss which they may suffer as a result of your failure to do so.

CONDITIONS FOR COMMERCIAL BUNDLING

Vendors wishing to bundle POV-Ray™ (or any software that is derived from it or any part of it) with commercial software (including shareware) or any other use or distribution not already expressly allowed above must first obtain express written permission from the POV-Team™. The POV-Team™ will, in its sole discretion, decide if such use will be allowed on a case-by-case basis and may impose whatever conditions it sees fit.

For commercial distribution, the minimum terms are given below. Other conditions may be imposed.

The product must be an existing product that has proven itself as commercially viable without POV-Ray™ included, unless the POV-Team expressly grants exception to this rule. Such exceptions will not be granted unless it can be demonstrated that POV-Ray or the POV-Ray community would somehow benefit from allowing such an exception.

The inclusion of POV-Ray™ should be promoted only as a free bonus and not as a feature designed to encourage customers to purchase or upgrade solely for the POV-Ray™ capability.

Purchasers of your product must not be led to believe that they are paying for POV-Ray™. Any mention of the POV-Ray™ bundle on the box, in advertising or in instruction manuals must be clearly marked with a disclaimer that POV-Ray™ is free software and can be obtained for free or nominal cost from various sources.

You must include clear and obvious information on how to obtain POV-Ray™ via our official distribution points.

You must provide all POV-Ray™ support for all users who acquired POV-Ray™ through your product. The POV-Team™ is not obligated to provide you or your customers any technical support.

You must include a credit page or pages in your documentation for POV-Ray™.

If you modify any portion of POV-Ray™ for use with your hardware or software, you must follow the custom version rules in addition to these rules.

You must include contact and support information for your product.

You must include a full user package as described in "ONLINE OR REMOTE EXECUTION OF POV-RAY" above , including the License Agreement which the user must agree to be bound by.

POV-TEAM ENDORSEMENT PROHIBITION

On rare occasions, the POV-Team™ endorses distributions in which POV-Team™ members are compensated participants and to which the POV-Team™ has given approval.

Without specific approval, distributors (whether free or commercial) must not claim or imply in any way that the POV-Team™ officially endorses or supports the distributor or the product (such as CD, book, or magazine) associated with the distribution.

You may not claim or imply that the POV-Team™ derives any benefit from your distribution.

If you wish to emphasize that your distribution is legal, you may use this language "This distribution of the official version of POV-Ray™ is permitted under the terms of the General License in the file POVLEGAL.DOC. The POV-Team™ does not endorse the distributor or its products. The POV-Team™ receives no compensation for this distribution."

RETAIL VALUE OF THIS SOFTWARE

Although POV-Ray™ is, when distributed within the terms of this agreement, free of charge, the retail value (or price) of this program is determined as US$30.00 per copy distributed or copied. If the Software is distributed or copied without authorization the person(s) or entity(ies) responsible or involved are each legally liable to the maximum extent permitted by law for the full amount of this debt to the copyright holder, or any other person or organization delegated by the copyright holder for the collection of this debt.

However, the above paragraph in no way constitutes permission to distribute this Software outside of the terms of this agreement. In particular, the conditions and debt mentioned above (whether paid or unpaid) do not allow you to avoid statutory damages or other legal penalties and does not constitute any agreement that would allow you to avoid such other legal remedies as are available to the copyright holder.

Put simply, POV-Ray™ is only free if you comply with our distribution conditions; it is not free otherwise. The copyright holder of this Software chooses to give it away free under these and only these conditions. If you distribute this Software in violation of this license, what you are doing is no different than if you took a copy of a commercial software product and distributed it without the permission of the copyright holder of that product.

For the purpose of copyright regulations and/or statutory damages provisions, the retail value of this Software is US$30.00 per copy.

USE OF THE POV-RAY SCENE LANGUAGE

The team permits and encourages the creation of programs, including commercial packages, which import, export or translate files in the POV-Ray™ Scene Description Language. Subject to the requirement in the following paragraph, there are no restrictions on the use of the language itself (this does not include the source code that we use to implement the language).

The POV-Team™ reserves the right to add or remove or change any part of the language. Prior to using the POV-Ray™ scene language, you agree that you will not hold the POV-Team™, or anyone associated with it, or the contributor or author or initiator of any such change, in any way responsible for whatever happens to you or your product, program, or whatever use you put the scene language to, as a direct or indirect result of any such change or changes. This explicitly includes, but is not limited to, any lost compatibility, lost profits, bugs, extra development or maintenance, public or private embarrassment or public relations problems. Your attention is drawn to the "NO LIABILITY AND INDEMNITY " provisions above to which you agree to be bound.

TRADEMARKS

"POV-Ray™", "Persistence of Vision", "POV-Team™" and "POV-Help" are trademarks of the POV-Team™. Any other trademarks referred to herein are the property of their respective holders. You undertake not to use, apply for, or register anywhere in the world, any word, name, trade mark or device which is substantially identical or deceptively or confusingly similar to any of the POV- Team's™ trade marks.

REVOCATION OF LICENSE

VIOLATION OF THIS LICENSE IS A VIOLATION OF COPYRIGHT LAWS. IT WILL RESULT IN REVOCATION OF ALL PRIVILEGES GRANTED BY IT AND MAY RESULT IN CIVIL OR CRIMINAL LIABILITY .

Violators who are prohibited from distribution may from time to time be identified in this document.

In this regard, "PC Format", a magazine published at the time by Future Publishing, Ltd. in the United Kingdom, distributed incomplete versions of POV-Ray™ 1.0 in violation of the license which was in effect at the time. They later attempted to distribute POV-Ray™ 2.2 without prior permission of the POV-Team™ in violation of the license which was in effect at the time. After the POV-Team™ was made aware of their intent, they were contacted and were granted permission in return for certain promises they made. They subsequently failed to honor these promises.

There is evidence that other Future Publishing companies have also violated our terms. PC Format's actions, particularly in relation to the incomplete v1.0 distribution (which simply didn't work properly due to files that had been deleted to fit on the magazine's cover floppy disk - causing many users to blame us for the faults and complain to us in email) caused us un-needed stress and support headaches.

Therefore "PC Format", and any other magazine, book, CD-ROM, or any other type of publication owned in whole or part by, or related in any other way, to Future Publishing is expressly prohibited from any distribution of POV-Ray™ software.

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 POV-Team™ to you, or through posting notifications on our website. The use of this Software by any person is expressly made conditional on their acceptance of the terms set forth 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. You agree to attempt to substitute for 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 address team-coord-c3 @ povray . org. Note: Do not send any attachments of any sort. Messages including attachments will be deleted unread.

Note also that the above address may change from time to time; please check the version of this document at http://www.povray.org/povlegal.html for the current address.

The following postal address is only for official license business and only if email is impossible.

We do not provide technical support. We will not mail you disks with updated versions. Please do not send money.

    POV-Team
    C/O Hallam Oaks P/L
    PO Box 407
    Williamstown,
    Victoria 3016
    Australia


Copyright 2003-2004 Persistence of Vision Raytracer Pty. Ltd.