Merge from vendor branch TNF:

[pkgsrcv2.git] / licenses / povray-license

                       POV-Ray Legal Document

                      GENERAL LICENSE AGREEMENT
             Persistence of Vision[tm] Ray Tracer (POV-Ray[tm])
          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[tm]  RAY TRACER  ("POV-RAY[tm]") 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[tm] 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[tm]  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[tm]  Ray Tracer  a.k.a POV-Ray[tm]  and known  in this document as
POV-Ray[tm]  or  'the  Software'.   It  applies  to all POV- Ray[tm] program
source files,  executable (binary)  files, scene  files, documentation
files,  help  file,  bitmaps  and  INI  files  contained  in  official
POV-Team[tm]  archives.   All  of  these  are  referred  to  here as "the
Software". The POV-Team[tm] 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[tm]
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[tm]  throughout  the  community,  and to permit
users to freely enjoy its benefits. The POV-Ray[tm] 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[tm] 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[tm], 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[tm]). 

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[tm] 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). The reasons for this  are
historical.  Primarily,  at  the  time  that  POV-Ray[tm]  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[tm]  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[tm] 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[tm] 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[tm] 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[tm].   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[tm] 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[tm] 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[tm] 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[tm] 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[tm] or anyone  associated directly
or indirectly with the  POV-Team[tm] whether as employee,  subcontractor,
agent, representative, consultant,  licensee or otherwise  ("POV-Team[tm]
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[tm] 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[tm]  and  the POV-Team[tm] 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[tm]  and/or the POV-Team[tm] 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[tm]  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[tm].  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[tm] 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[tm] 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[tm], 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[tm] accordingly. 

Any bundling with books, magazines or other print media must have  the
prior written  approval of  the POV-Team[tm].  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[tm] 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[tm]  software  on  the  internet  server.    Other
companies sell CPU time for running POV-Ray[tm] software on  workstations
or high-speed computers.  Such use of  POV-Ray[tm] 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[tm]  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[tm] software. 

Users  must  be  prominently  informed  that  they  are using POV-Ray[tm]
software,  that  such  software  is  free,  and  where  they  can find
official POV-Ray[tm] software. Any attempt  to obscure the fact that  the
user is running POV-Ray[tm] 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[tm] 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[tm] 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[tm] 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[tm] to hardware and
operating  systems  which  the  POV-Team[tm]  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[tm] 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[tm]  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[tm]  does
not license source  code for any  use outside POV-Ray[tm].  No portion of
the  POV-Ray[tm]   source  code   may  be,   under  any    circumstances,
incorporated  into  another  program  unless  it  is  clearly a custom
version  of  POV-Ray[tm]  that  includes  all  of  the  functions  of the
POV-Ray[tm] renderer. 

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

POV-Ray[tm] 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[tm] to  communicate with outside programs,  the official
versions of  POV-Ray[tm] 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[tm]  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[tm]  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[tm]  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[tm]  scene  source  file  that  works  on your version to fail or
otherwise work incorrectly on  either the current official  version of
POV-Ray[tm], 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[tm]
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[tm]  freely  and  publicly available with FULL
SOURCE  CODE  to  the  modified  portions  of POV-Ray[tm] 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[tm]. 

The  user  is  encouraged  to  send  enhancements and bug fixes to the
POV-Team[tm],  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[tm] 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[tm]. 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[tm] (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[tm]. The POV-Team[tm] 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[tm]  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[tm] 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[tm] capability.

Purchasers of your product  must not be led  to believe that they  are
paying for POV-Ray[tm].  Any mention of  the POV-Ray[tm] bundle  on the box,
in advertising or in instruction  manuals must be clearly marked  with
a disclaimer that  POV-Ray[tm] 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[tm] via our official distribution points.

You  must  provide  all  POV-Ray[tm]  support  for all users who acquired
POV-Ray[tm]  through  your  product.  The  POV-Team[tm]  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[tm].

If you modify any  portion of POV-Ray[tm] 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[tm]  endorses  distributions in which
POV-Team[tm]  members  are  compensated  participants  and  to  which the
POV-Team[tm] has given approval. 

Without specific approval,  distributors (whether free  or commercial)
must  not  claim  or  imply  in  any way that the POV-Team[tm] 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[tm] 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[tm]
is  permitted  under  the  terms  of  the  General License in the file
POVLEGAL.DOC. The POV-Team[tm]  does not endorse  the distributor or  its
products.   The   POV-Team[tm]   receives   no   compensation   for  this
distribution." 

RETAIL VALUE OF THIS SOFTWARE

Although  POV-Ray[tm]  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[tm] 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[tm] 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[tm] reserves the right to  add or remove or change any  part
of  the  language.  Prior  to  using  the POV-Ray[tm] scene language, you
agree that you will not hold the POV-Team[tm], 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[tm]", "Persistence  of Vision",  "POV-Team[tm]" and  "POV-Help" are
trademarks of the POV-Team[tm].  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[tm] 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[tm] 1.0  in violation  of the  license which  was in
effect at the  time. They later  attempted to distribute  POV-Ray[tm] 2.2
without prior permission of the POV-Team[tm] in violation of the  license
which was in effect  at the time. After  the POV-Team[tm] 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[tm] 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[tm]  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  check the POV-Ray[tm]
website    and    the    online    copy    of    this    document   at
http://www.povray.org/povlegal.html for the  current email address  of
the team leader. (Unfortunately we  cannot include it here as  we have
to change it  from time to  time due to  spam email being  sent to the
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. If you want to know how to
support us, please see http://www.povray.org/supporting-povray.html.

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