237 lines
12 KiB
Groff
237 lines
12 KiB
Groff
POV-Ray Licence Agreement
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GENERAL LICENSE AGREEMENT
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FOR PERSONAL USE
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Persistence of Vision Ray Tracer (POV-Ray)
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Version 3.6 License and Terms & Conditions of Use
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version of 1 February 2005
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(also known as POVLEGAL.DOC)
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Please read through the terms and conditions of this license carefully. This
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license is a binding legal agreement between you, the 'User' (an individual
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or single entity) and Persistence of Vision Raytracer Pty. Ltd. ACN 105 891
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870 (herein also referred to as the "Company"), a company incorporated in the
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state of Victoria, Australia, for the product known as the "Persistence of
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Vision Ray Tracer", also referred to herein as 'POV-Ray'.
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YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF WARRANTY AND NO
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LIABILITY AND INDEMNITY PROVISIONS. TO USE THE PERSISTENCE OF VISION RAY
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TRACER ("POV-RAY") YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
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OUT IN THIS DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF
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USE OF POV-RAY SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND
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CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY NOT USE
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POV-RAY IN ANY MANNER. THIS GENERAL LICENSE AGREEMENT MUST ACCOMPANY ALL
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POV-RAY FILES WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE
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REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE OF
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POV-RAY WORLDWIDE. THIS DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUS GENERAL
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LICENSES.
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INTRODUCTION
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This document pertains to the use of the Persistence of Vision Ray Tracer
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(also known as POV-Ray). It applies to all POV-Ray program source files,
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executable (binary) files, scene files, documentation files, help files,
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bitmaps and other POV-Ray files contained in official Company archives,
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whether in full or any part thereof, and are herein referred to as the
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"Software". The Company reserves the right to revise these rules in future
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versions and to make additional rules to address new circumstances at any
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time. Such rules, when made, will be posted in a revised license file, the
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latest version of which is available from the Company website at
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http://www.povray.org/povlegal.html.
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USAGE PROVISIONS
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Subject to the terms and conditions of this agreement, permission is granted
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to the User to use the Software and its associated files to create and render
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images. The creator of a scene file retains all rights to any scene files
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they create, and any images generated by the Software from them. Subject to
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the other terms of this license, the User is permitted to use the Software in
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a profit-making enterprise, provided such profit arises primarily from use of
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the Software and not from distribution of the Software or a work including
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the Software in whole or part.
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Please refer to http://www.povray.org/povlegal.html for licenses covering
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distribution of the Software and works including the Software.
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The User is also granted the right to use the scene files, fonts, bitmaps,
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and include files distributed in the INCLUDE and SCENES\INCDEMO sub-
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directories of the Software in their own scenes. Such permission does not
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extend to any other files in the SCENES directory or its sub-directories. The
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SCENES files are for the User's enjoyment and education but may not be the
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basis of any derivative works unless the file in question explicitly grants
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permission to do such.
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This licence does not grant any right of re-distribution or use in any manner
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other than the above. The Company has separate license documents that apply
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to other uses (such as re-distribution via the internet or on CD) ; please
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visit http://www.povray.org/povlegal.html for links to these. In particular
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you are advised that the sale, lease, or rental of the Software in any form
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without written authority from the Company is explicitly prohibited.
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Notwithstanding anything in the the balance of this licence agreement,
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nothing in this licence agreement permits the installation or use of the
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Software in conjunction with any product (including software) produced
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or distributed by any party who is, or has been, in violation of this
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licence agreement or of the distribution licence
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(http://www.povray.org/distribution-license.html)
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(or any earlier or later versions of those documents) unless:
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a. the Company has explicitly released that party in writing from the
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consequences of their non compliance; or
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b. both of the following are true:
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i. the installation or use of the Software is without the User
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being aware of the abovementioned violation; and
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ii. the installation or use of the Software is not a result (whether
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direct or indirect) of any request or action of the abovementioned
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party (or any of its products), any agent of that party (or any of
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their products), or any person(s) involved in supplying any such
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product to the User.
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COPYRIGHT
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Copyright © 1991-2003, Persistence of Vision Team.
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Copyright © 2003-2004, Persistence of Vision Raytracer Pty. Ltd.
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Windows version Copyright © 1996-2003, Christopher Cason.
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Copyright subsists in this Software which is protected by Australian and
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international copyright laws. The Software is NOT PUBLIC DOMAIN.
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Nothing in this agreement shall give you any rights in respect of the
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intellectual property of the Company and you acknowledge that you do not
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acquire any rights in respect of such intellectual property rights. You
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acknowledge that the Software is the valuable intellectual property of the
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Company and that if you use, modify or distribute the Software for
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unauthorized purposes or in an unauthorized manner (or cause or allow the
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forgoing to occur), you will be liable to the Company for any damages it may
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suffer (and which you acknowledge it may suffer) as well as statutory damages
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to the maximum extent permitted by law and also that you may be liable to
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criminal prosecution. You indemnify the Company and the authors of the
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Software for every single consequence flowing from the aforementioned events.
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DISCLAIMER OF WARRANTY
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This Software is provided on an "AS IS" basis, without warranty of any kind,
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express or implied, including without limitation, any implied warranties of
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merchantability, fitness for a particular purpose and non-infringement of
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intellectual property of any third party. This Software has inherent
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limitations including design faults and programming bugs. The entire risk as
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to the quality and performance of the Software is borne by you, and it is
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your responsibility to ensure that it does what you require it to do prior to
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using it for any purpose (other than testing it), and prior to distributing
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it in any fashion. Should the Software prove defective, you agree that you
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alone assume the entire cost resulting in any way from such defect.
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This disclaimer of warranty constitutes an essential and material term of
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this agreement. If you do not or cannot accept this, or if it is
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unenforceable in your jurisdiction, then you may not use the Software in any
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manner.
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NO LIABILITY
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When you use the Software you acknowledge and accept that you do so at your
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sole risk. You agree that under no circumstances shall you have any claim
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against the Company or anyone associated directly or indirectly with the
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Company whether as employee, subcontractor, agent, representative,
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consultant, licensee or otherwise ("Company Associates") for any loss,
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damages, harm, injury, expense, work stoppage, loss of business information,
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business interruption, computer failure or malfunction which may be suffered
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by you or by any third party from any cause whatsoever, howsoever arising, in
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connection with your use or distribution of the Software even where the
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Company were aware, or ought to have been aware, of the potential of such
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loss. Damages referred to above shall include direct, indirect, general,
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special, incidental, punitive and/or consequential.
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This disclaimer of liability constitutes an essential and material term of
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this agreement. If you do not or cannot accept this, or if it is
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unenforceable in your jurisdiction, then you may not use the Software.
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INDEMNITY
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You indemnify the Company and Company Associates and hold them harmless
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against any claims which may arise from any loss, damages, harm, injury,
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expense, work stoppage, loss of business information, business interruption,
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computer failure or malfunction, which may be suffered by you or any other
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party whatsoever as a consequence of any act or omission of the Company
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and/or Company Associates, whether negligent or not, arising out of your use
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and/or distribution of the Software, or from any other cause whatsoever,
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howsoever arising, in connection with the Software. These provisions are
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binding on your estate, heirs, executors, legal successors, administrators,
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parents and/or guardians.
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This indemnification constitutes an essential and material term of this
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agreement. If you do not or cannot accept this, or if it is unenforceable in
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your jurisdiction, then you may not use the Software.
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HIGH RISK ACTIVITIES
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This Software and the output produced by this Software is not fault-tolerant
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and is not designed, manufactured or intended for use as on-line control
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equipment in hazardous environments requiring fail-safe performance, in which
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the failure of the Software could lead or directly or indirectly to death,
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personal injury, or severe physical or environmental damage ("High Risk
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Activities"). The Company specifically disclaims any express or implied
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warranty of fitness for High Risk Activities and explicitly prohibits the use
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of the Software for such purposes.
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CRYPTOGRAPHIC SIGNING OF DOCUMENTS
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Changes to this Agreement and documents issued under its authority may be
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cryptographically signed by the POV-Ray Team Co-ordinator's private PGP key.
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In the absence of evidence to the contrary, such documents shall be considered,
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under the terms of this Agreement, to be authentic provided the signature is
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valid. The master copy of this Agreement at http://www.povray.org/povlegal.html
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will also be signed by the current version of the team-coordinator's key.
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The public key for the POV-Ray Team-coordinator can be retrieved from the
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location https://secure.povray.org/keys/. The current fingerprint for it is
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B4DD 932A C080 C3A3 6EA2 9952 DB04 4A74 9901 4518.
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MISCELLANEOUS
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This Agreement constitutes the complete agreement concerning this license.
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Any changes to this agreement must be in writing and may take the form of
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notifications by the Company to you, or through posting notifications on the
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Company website. THE USE OF THIS SOFTWARE BY ANY PERSON OR ENTITY IS
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EXPRESSLY MADE CONDITIONAL ON THEIR ACCEPTANCE OF THE TERMS SET FORTH HEREIN.
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Except where explicitly stated otherwise herein, if any provision of this
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Agreement is found to be invalid or unenforceable, the invalidity or
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unenforceability of such provision shall not affect the other provisions of
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this agreement, and all provisions not affected by such invalidity or
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unenforceability shall remain in full force and effect. In such cases you
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agree to attempt to substitute for each invalid or unenforceable provision a
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valid or enforceable provision which achieves to the greatest extent
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possible, the objectives and intention of the invalid or unenforceable
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provision. The validity and interpretation of this agreement will be governed
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by the laws of Australia in the state of Victoria (except for conflict of law
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provisions).
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CONTACT INFORMATION
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License inquiries can be made via email; please use the following address
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(but see below prior to emailing) :
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team-coord-[three-letter month]-[four-digit year]@povray.org
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for example, team-coord-jun-2004@povray.org should be used if at the time you
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send the email it is the month of June 2004. The changing email addresses are
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necessary to combat spam and email viruses. Old email addresses may be deleted
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at our discretion.
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Note that the above address may change for reasons other than that given above;
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please check the version of this document at http://www.povray.org/povlegal.html
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for the current address. Note that your inability or failure to contact us
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for any reason is not an excuse for violating this licence.
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Do NOT send any attachments of any sort other than by prior arrangement.
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EMAIL MESSAGES INCLUDING ATTACHMENTS WILL BE DELETED UNREAD.
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The following postal address is only for official license business. Please
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note that it is preferred that initial queries about licensing be made via
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email ; postal mail should only be used when email is not possible, or when
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written documents are being exchanged by prior arrangement.
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Persistence of Vision Raytracer Pty. Ltd.
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PO Box 407
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Williamstown,
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Victoria 3016
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Australia
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