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POV-Ray Licence Agreement MODIFICATION TERMS Persistence of Vision Raytracer(tm) (POV-Ray(tm)) 5 July 2004 Licensed Version: Version 3.6 Please read through the terms and conditions of this agreement carefully. This is a binding legal agreement between you and Persistence of Vision Raytracer Pty. Ltd. ACN 105 891 870 ("POV"), a company incorporated in the state of Victoria, Australia, for the product known as the "Persistence of Vision Raytracer(tm)", also referred to herein as "POV-Ray(tm)". In these terms "Licensed Version" means the version of POV-Ray identified at the start of these terms and all minor releases (ie releases of the form x.y.z) of that version. The terms of this agreement are set out at: http://www.povray.org/source-license.html ("Official Terms"). The Official Terms take precedence over this document to the extent of any inconsistency. Except where POV has agreed with you in writing to the contrary, the Official Terms are a complete statement of your ability to modify the source code of the Licensed Version, to use any modifications of the Licensed Version, and to distribute any modifications of the Licensed Version. You may accept these terms by making any modification to the Licensed Version, or by distributing any modification to the Licensed Version. If you do not agree to be bound by these terms you must not make any modifications to the source code of the Licensed Version and must not distribute any modifications of the Licensed Version. 1. PERMITTED MODIFICATION AND USE 1.1. The source code of POV-Ray is provided to: promote the porting of POV-Ray to hardware and operating systems which POV does not support; promote experimentation and development of new features to the core code which might eventually be incorporated into the official version; and provide insight into the inner workings of the program for educational purposes. 1.2. Except as expressly set out in this agreement, or permitted by another agreement between you and POV, any use or modification of any POV-Ray source code is expressly prohibited. 1.3. Subject to this clause 1.3 and the balance of this clause 1, you are granted the privilege to modify and compile the source code of the Licensed Version for your own personal use if such modification fulfils one or more purposes set out in clause 1.1. Each output of such a modification or compilation is called a "Modified Version" in these terms and conditions. Nothing in these terms and conditions gives you any rights or permissions to use, reproduce or modify any part of the source code for any version of POV-Ray other than in a modified version of POV-Ray. In particular, no portion of the source code for the Licensed Version may, under any circumstances, be incorporated into any other program (or separated out to form an independent program) and all Modified Versions that you create must, in substance, be modifications of the Licensed Version. 1.4. You may use any Modified Version that you alone have created only under the conditions granted in the standard POV end-user license for the Licensed Version from which the Modified Version was created. As at July 2004, this licence may be found at: http://www.povray.org/povlegal.doc. Nothing in these terms permits any other person to use any Modified Version. 1.5. Neither the Licensed Version nor any Modified Version may be linked into any other software package either at compile-time using (for example) an object code linker nor at run-time as (for example) a DLL, ActiveX control, OLE server, COM/DCOM server, or other remoting system including, without limitation, any linkage that could blur the end-user's perception of which program provides which functions. 1.6. To allow POV-Ray to communicate with outside programs, the official versions of POV-Ray may include internal communication "hooks", often called an Application Programming Interface, or API. Modification to these APIs or other officially supported communication mechanisms (or the addition of any new code or feature) for the purpose of avoidance (or to assist others to avoid) the intent of this or any other POV license is expressly prohibited. 2. CUSTOM VERSIONS 2.1. Strict conditions and restrictions are imposed if you wish to distribute a modified version of POV-Ray, its documentation or other parts of the package, including any translation of the documentation into other languages or file formats. 2.2. For the purposes of these terms and conditions, a "Custom Version" means a Modified Version which has all of the following characteristics: (a). it must have all of the functions of the Licensed Version with all existing features, copyright notices, author attributions, all Licence Agreements, etc., intact; (b). any reference to the software being an "Official Version" in any files included in the Modified Version must be altered to clearly state that it is not an official but an unofficial version; (c). when used by a user it must be clear to that user: (i). that the Modified Version is a version of POV-Ray that has been modified, and does not appear to be another program that happens to have POV-Ray or POV-Ray functionality built-in; (ii). that the Modified Version is an unofficial version of POV-Ray; (iii). who is the creator of the Modified Version; (d). the Modified Version must include accurate information in the DISTRIBUTION_MESSAGE macros in the source file OPTOUT.H and must prominently display this information. This information must at least correctly identify who made the custom version. (e). It must display each copyright notice and credit screen which is displayed by the Licensed Version and do so in a similar manner to that of the Licensed Version. When each such notice or screen is displayed, the Modified Version must indicate that the version is a modified and unofficial version. In particular, if it is a version of POV-Ray that contains splash screens or about boxes (e.g. Windows, Macintosh) each splash screen and about box in the Licensed Version must be present in the Modified Version and must be rendered and presented in a similar manner; (f). if the Modified Version contains any feature that would cause a POV-Ray scene source file that works on the Modified Version to fail or otherwise work incorrectly on either the current official version of POV-Ray, or on the Licensed Version, then the Modified Version must check that the scene source file has a #version directive that includes the 'unofficial' token, and must only activate any variations from the Licensed Version (including, but not limited to, new keywords) if that #version directive is present. If that directive is not present, the Modified Version must work in the same way as the Licensed Version. An example of a correct 'unofficial' #version declaration is '#version unofficial megapov 0.7 ;'. 2.3. It is the intent of POV to permit modifications to the Licensed Version which are Custom Versions within the meaning of clause 2.2 and which incorporate a means of being controlled by other software where that other software has as its express primary purpose the ability to control or co-ordinate POV-Ray (or other programs in general) remotely for parallel or network rendering purposes. 3. CONDITIONS FOR DISTRIBUTION OF CUSTOM VERSIONS 3.1. You must not distribute any Modified Version to any person if that Modified Version is not a Custom Version as defined by section 2.2. 3.2. You may distribute a Custom Version on the terms of the Distributor's Licence Agreement for the Licensed Version as modified by this clause 3 and with: (a). references to the Licensed Version read as references to the Custom Version; and (b). references to the Software read as references to the Custom Version; 3.3. The distribution licence is available from: http://www.povray.org/. As at July 2004, this licence is available at: http://www.povray.org/distribution-license.html. 3.4. You must ensure that each user of the Custom Version is aware that it is an unofficial build of POV-Ray which is not supported by POV and that the POV-Ray developers are not in any way responsible for it; 3.5. You must either: (a). accompany each object code version of the Custom Version which is distributed with the full source code for that Custom Version and full documentation describing all modifications that you have made to the Licensed Version; or (b). for a period of at least 3 years following the first distribution of an object code version of the Custom Version make available for download over the internet to each person who receives an object code version of the Custom Version the full source code for the Custom Version and full documentation describing all modifications that you have made to the Licensed Version and you must make each person who receives an object code version of the Custom Version aware that the source code and documentation is available for download, and the location from which it can be downloaded; and, in either case, (c). that source code must be licensed to each person who receives it under the same terms as these Modification Terms. 3.6. You may, at your option: (a). waive clause 4.5 of the standard distribution licence with respect to distribution of the Custom Version; and (b). include as additional clauses, and without affecting any of the existing provisions of the licence, limitation of liability provisions in favour of yourself in the same terms as clauses 6 and 7 of the standard distribution licence. 3.7. Where a Custom Version is distributed in accordance with the terms of this agreement: (a). You must license each recipient of that Custom Version to use those portions of the Custom Version in respect of which you hold copyright on the terms of the standard POV end-user license for the Licensed Version from which the Modified Version was created; (b). POV agrees to licence each recipient of that Custom Version to use those portions of the Custom Version in respect of which POV holds copyright on the terms of the standard POV end-user license for the Licensed Version from which the Modified Version was created. 4. CONTRIBUTING BUG FIXES AND ENHANCEMENTS 4.1. POV is not obliged to accept enhancements and bug fixes that you submit to it. However, if it does so, it does so in accordance with the then current Contribution Terms. POV may require you to complete and send documentation to POV prior to accepting a bug fix and, in particular, will require a copyright assignment of each contribution. 5. COPYRIGHT AND INTELLECTUAL PROPERTY 5.1. Copyright subsists in the Licensed Version and it is protected by Australian and international copyright laws. 5.2. Nothing in this agreement gives you any rights in respect of any Intellectual Rights in respect of the Licensed Version or which are held by or on behalf of POV. You acknowledge that you do not acquire any rights in respect of such Intellectual Rights. 5.3. You acknowledge that if you perform any act in respect of the Software without the permission of POV you will be liable to POV for all damages POV may suffer (and which you acknowledge POV may suffer) as well as statutory damages to the maximum extent permitted by law and that you may also be liable to criminal prosecution. 5.4. For the purposes of this clause 5 Intellectual Rights means: (a). all copyright, patent, trade mark, trade secret, design, and circuit layout rights; (b). all rights to the registration of such rights; and (c). all rights of a similar nature which exist anywhere in the world; 6. DISCLAIMER OF WARRANTY 6.1. To the extent permitted by law, all implied terms and conditions are excluded from this agreement. Where a term or condition is implied into this agreement and that term cannot be legally excluded, that term has effect as a term or condition of this agreement. However, to the extent permitted by law, the liability of POV for a breach of such an implied term or condition is limited to the fullest extent permitted by law. 6.2. To the extent permitted by law, the Licensed Version is provided on an "AS IS" basis, without warranty of any kind, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property of any third party. The Licensed Program has inherent limitations including design faults and programming bugs. 6.3. The entire risk as to the quality and performance of the Licensed Software, and of any Custom Version is borne by you, and it is your responsibility to ensure that it fulfils your requirements prior to using it in any manner. 6.4. This clause 6 is an essential and material term of, and cannot be severed from, this agreement. If you do not or cannot agree to be bound by this clause, or if it is unenforceable, then you must not, at any time, make any use or reproductions of the Licensed Version under this agreement and this agreement gives you no rights to deal in any way with any part of the Licensed Version. 7. NO LIABILITY 7.1. When you use or modify the Licensed Version you acknowledge and accept that you do so at your sole risk. You agree that under no circumstances will you have any claim against POV or any POV Associate for any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by you or by any third party from any cause what- soever, howsoever arising, in connection with your use, modification or distribution of the Software even where POV was aware, or ought to have been aware, of the potential of such loss. 7.2. Neither POV nor any POV Associate has any liability to you for any indirect, general, special, incidental, punitive and/or consequential damages arising as a result of a breach of this agreement by POV or which arises in any way related to the Licensed Version or the exercise of a licence granted to you under this agreement. 7.3. POV's total aggregate liability to you for all loss or damage arising in any way related to this agreement is limited to the lesser of: (a) AU$100, and (b) the amount received by POV from you as payment for the grant of a licence under this agreement. 7.4. You must bring any action against POV in any way related to this agreement or the Licensed Version within 3 months of the cause of action first arising. You waive any right you have to bring any action against POV and release POV from all liability in respect of a cause of action if initiating process in relation to that action is not served on POV within 3 months of the cause of action arising. Where a particular set of facts give rise to more than one cause of action this clause 7.4 applies as if all such causes of action arise at the time the first such cause of action arises. 7.5. This clause 7 is an essential and material term of, and cannot be severed from, this agreement. If you does not or cannot agree to be bound by this clause, or if it is unenforceable, then you must not, at any time, make any use or reproductions of the Licensed Version under this agreement and this agreement gives you no rights to deal in any way with any part of the Licensed Version. 8. MISCELLANEOUS 8.1. POV may modify this agreement at any time by making a revised licence available from: http://www.povray.org/source-license.html. This agreement is modified by replacing the terms in this agreement with those of the revised licence from the time that the revised licence is so made available. It is your responsibility to ensure that you have read and agreed to the current version of this agreement prior to making any modification to the Licensed Version. 8.2. Except where explicitly stated otherwise herein, if any provision of this agreement is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases you agree to attempt to substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible, the objectives and intention of the invalid or unenforceable provision. 8.3. A waiver of a right under this agreement is not effective unless given in writing signed by the party granting that waiver. Unless otherwise stipulated in the waiver, a waiver is only effective in respect of the circumstances in which it is given and is not a waiver in respect of any other rights or a waiver in respect of future rights or actions. 8.4. The validity and interpretation of this agreement is governed by the laws in force in the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and courts located within that State exercising federal jurisdiction. 8.5. References in this agreement to "written" and "writing" mean on paper or by fax and expressly exclude email and other forms of electronic communication. 8.6. "POV Associate" means any person associated directly or indirectly with POV whether as a director, officer, employee, subcontractor, agent, representative, consultant, licensee or otherwise. 8.7. "Distributor's Licence Agreement" in respect of a Licensed Version, means the agreement of that name for that Licensed Version made available from: http://www.povray.org/.