POV-Ray : POV-Ray Modification License (applicable to versions prior to 3.7 release)
  POV-Ray Modification License (applicable to versions prior to 3.7 release)  
                          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/.


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