POV-Ray : Newsgroups : povray.general : please... : Re: please... Server Time
6 Aug 2024 12:23:03 EDT (-0400)
  Re: please...  
From: Ben Chambers
Date: 19 Mar 2002 03:30:37
Message: <3c96f72d@news.povray.org>

news:3c96ed71$1@news.povray.org...
> Just one thing I don't understand is, why people tell me that I am an
idiot
> if I do basic financial calculations and ask the developers about their
> results?
>
> regards
> SY

Here's a few snips from povlegal.doc; please take the time to read the whole
thing, if you haven't.  If you have, these parts are still somewhat
relevant.  It even includes your calculated price :)

...Chambers


The POV-RayT 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.

...
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.

...

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-RayT, 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-TeamT accordingly.

Any bundling with books, magazines or other print media must have the

prior written approval of the POV-TeamT. 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-TeamT 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.

...

CONDITIONS FOR COMMERCIAL BUNDLING

Vendors wishing to bundle POV-RayT with commercial software

(including shareware) or any other use or distribution not already

expressly allowed above must first obtain the express written

permission from the POV-TeamT. The POV-TeamT 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-RayT included.

The inclusion of POV-RayT 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-RayT capability.

*****

Purchasers of your product must not be led to believe that they are

paying for POV-RayT.

*****

 Any mention of the POV-RayT bundle on the box,

in advertising or in instruction manuals must be clearly marked with

a disclaimer that POV-RayT 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-RayT via our official distribution points.

You must provide all POV-RayT support for all users who acquired

POV-RayT through your product. The POV-TeamT 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-RayT.

If you modify any portion of POV-RayT 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.

...

RETAIL VALUE OF THIS SOFTWARE

Although POV-RayT 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-RayT 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.


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