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GENESIS3D PUBLIC LICENSE Version 1.01
PREAMBLE
Please read this license
carefully before using Genesis3D. By downloading and using
Genesis3D, you are agreeing to be bound by the terms of this
license. If you do not or cannot agree to the terms of this
License, do not download or use Genesis3D. This license is
intended to make the source code of a state-of-the-art 3D
engine available to everyone who wants the opportunity to
use and contribute to a 3D engine. Genesis3D is a commercial
product. It is not in the public domain or "freeware"
or "shareware". By making the source code available
we are not giving it away or abandoning our right of ownership.
By using Genesis3D you agree to be bound by the spirit and
the terms of this license. This license permits you to use
the Genesis3D SDK to create and sell products. You may also
redistribute the Genesis3D SDK. You may also make modifications
to the SDK and distribute them too. If you modify the Genesis3D
engine source, excerpt any portion of it, or if you use a
modified version of the engine source, you must ke your source
code available for others to use under the same terms that
we have granted you. This guarantees that modifications to
the engine will be available to everyone and the best modifications
can become part of the official Genesis3D release. Your source
code must be released concurrent with releasing any executable
built with Genesis3D. If you do not wish to make your source
code available you must obtain a separate license from Eclipse.
Gtest, the sample game, is specifically excluded from this
requirement. Feel free to modify Gtest and use it in any way
that benefits you. If you use the original unmodified Eclipse-built
binaries there is no requirement for you to make your source
code available. You must display the original unmodified Genesis3D
animated logo as the first logo on startup of your product,
demo or application. You must also prominently display the
Genesis3D logo on any marketing materials, advertising or
packaging of your product. These terms are good for the community
because it mes the source of a high-end 3D engine available
to everyone and it encourages sharing of improvements. They
are good for Eclipse because some companies will opt to not
share their source and will prefer to pay to license the engine
instead. These kinds of licenses will fund future Genesis3D
development and subsidize the free licenses that many people
will enjoy.
1. DEFINITIONS
1.1. ``Contributor''
means each entity that creates or contributes to the creation
of Modifications.
1.2. ``Contributor
Version'' means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. ``Covered Code''
means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including
portions thereof, and any Source Code which duplicates, enhances,
modifies or replaces functionality of the Covered Code as
defined in Exhibit B.
1.4. ``Electronic Distribution
Mechanism'' means a mechanism generally accepted in the software
development community for the electronic transfer of data.
1.5. ``Eclipse'' means
Eclipse Entertainment, L.L.C.
1.6. ``Executable''
means Covered Code in any form other than Source Code.
1.7. ``Larger Work''
means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.8. ``License'' means
this document.
1.9. ``Modifications''
means any addition to or deletion from the substance or structure
of either the Original Code or any previous Modifications.
When Covered Code is released as a series of files, a Modification
is: A. Any addition to or deletion from the contents of a
file containing Original Code or previous Modifications. B.
Any new file that contains any part of the Original Code or
previous Modifications.
1.10. ``Original Code''
means Source Code of computer software code which is described
in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License
is not already Covered Code governed by this License.
1.11. ``Source Code''
means the preferred form of the Covered Code for making modifications
to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation
and installation of an Executable, or a list of source code
differential comparisons against either the Original Code
or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving
software is widely available for no charge.
1.12. ``You'' means
an individual or a legal entity exercising rights under, and
complying with all of the terms of, this License or a future
version of this License issued under Section 7.1. For legal
entities, ``You'' includes any entity which controls, is controlled
by, or is under common control with You. For purposes of this
definition, ``control'' means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of fifty percent
(50%) or more of the outstanding shares or beneficial ownership
of such entity.
2. SOURCE CODE LICENSE
2.1. The Eclipse Grant.
Eclipse hereby grants You a world-wide, fully paid, royalty-free,
non- exclusive license, subject to third party intellectual
property claims:
(a) to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications,
or as part of a Larger Work; and
(b) under patents now
or hereafter owned or controlled by Eclipse, to make, have
made, use and sell (``Utilize'') the Original Code (or portions
thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Original
Code (or portions thereof) and not to any greater extent that
may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, fully paid,
royalty-free, non-exclusive license, subject to third party
intellectual property claims:
(a) to use, reproduce,
modify, display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on
an unmodified basis, with other Modifications, as Covered
Code or as part of a Larger Work; and
(b) under patents now
or hereafter owned or controlled by Contributor, to Utilize
the Contributor Version (or portions thereof), but solely
to the extent that any such patent is reasonably necessary
to enable You to Utilize the Contributor Version (or portions
thereof), and not to any greater extent that may be necessary
to Utilize further Modifications or combinations.
2.3. Your Grant. You
hereby grant to Eclipse a world-wide, fully paid, royalty-free,
non-exclusive license, subject to third party intellectual
property claims:
(a) to use, reproduce,
modify, display, perform, sublicense and distribute the Modifications
created by You (or portions thereof) either on an unmodified
basis, with other Modifications, as Covered Code or as part
of a Larger Work; and
(b) under patents now
or hereafter owned or controlled by You, to Utilize the Modifications
(or portions thereof), but solely to the extent that any such
patent is reasonably necessary to enable Eclipse to Utilize
the Modifications (or portions thereof), and not to any greater
extent that may be necessary to Utilize further Modifications
or combinations.
3. DISTRIBUTION OBLIGATIONS
3.1. Application of
License to You. The Modifications which You create or to which
You contribute are governed by the terms of this License,
including without limitation Section 2.2. The Source Code
version of Covered Code may be distributed only under the
terms of this License or a future version of this License
released under Section 7.1, and You must include a copy of
this License with every copy of the Source Code You distribute.
You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License
or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described
in Section 3.6.
3.2. Application of
License to Eclipse. (a) Other Products. Eclipse may include
Covered Code in products other than Genesis3D without such
additional products becoming subject to the terms of this
License, and may license such additional products on different
terms from those contained in this License. (b) Other Licenses.
Eclipse may license the Source Code including Modifications
incorporated therein, without such additional products becoming
subject to the terms of this License, and may license such
additional products on different terms from those contained
in this License. (c) Other Releases. Eclipse may create new
releases of Genesis3D without such releases becoming subject
to the terms of this License.
3.3. Availability of
Source Code. Any Modification which You create or to which
You contribute must be made available in Source Code form
under the terms of this License either on the same media as
an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular
Modification has been made available to such recipients. You
are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism
is maintained by a third party. Furthermore, the Source Code
to the Modifications You create or contribute must be delivered
in fully compilable form using commonly available tools. If
the tools used to compile the Source Code are not commonly
available You must also incle the tools, in Source Code and
Executable forms, as part of the Modifications. Your Source
Code must be delivered unencrypted, uncloaked, unobscured
and in human readable form.
3.4. Description of
Modifications. You must cause all Covered Code to which you
contribute to contain a file documenting the changes You made
to create that Covered Code and the date of any change. You
must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Code provided
by Eclipse in (a) the Source Code, and (b) in any notice in
an Executable version or related documentation in which You
describe the origin or ownership of the Covered Code.
3.5. Intellectual Property
Matters (a) Third Party Claims. If You have knowledge that
a party claims an intellectual property right in particular
functionality or code (or its utilization under this License),
you must include a text file with the source code distribution
titled ``LEGAL'' which describes the claim and the party making
the claim in sufficient detail that a recipient will know
whom to contact. If you obtain such knowledge after You make
Your Modification available as described in Section 3.3, You
shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calculated
to inform those who received the Covered Code that new knowledge
has been obtained. (b) Contributor APIs. If Your Modification
is an application programming interface and You own or control
patents which are reasonably necessary to implement that API,
you must also include this information in the LEGAL file.
3.6. Required Notices.
You must duplicate the notice in Exhibit A in each file of
the Source Code, and this License in any documentation for
the Source Code, where You describe recipients' rights relating
to Covered Code. If You created one or more Modification(s),
You may add your name as a Contributor to the notice described
in Exhibit A. If it is not possible to put such notice in
a particular Source Code file due to its structure, then you
must include such notice in a location (such as a relevant
directory file) where a user would be likely to look for such
a notice. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one
or more recipients of Covered Code. However, You may do so
only on Your own behalf, and not on behalf of Eclipse or any
Contributor. You must make it absolutely clear that any such
warranty, support, indemnity or liability obligation is offered
by You alone, and You hereby agree to indemnify Eclipse and
every Contributor for any lbility incurred by Eclipse or such
Contributor as a result of warranty, support, indemnity or
liability terms You offer.
3.7. Distribution of
Executable Versions. You may distribute Covered Code in Executable
form only if the requirements of Section 3.1-3.6 have been
met for that Covered Code, and if You include a notice stating
that the Source Code version of the Covered Code is available
under the terms of this License, including a description of
how and where You have fulfilled the obligations of Section
3.3. The notice must be conspicuously included in any notice
in an Executable version, related documentation or collateral
in which You describe recipients' rights relating to the Covered
Code. You may distribute the Executable version of Covered
Code under a license of Your choice, which may contain terms
different from this License, provided that You are in compliance
with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights
set forth in this License. If You distribute the Executable
version under a dferent license You must make it absolutely
clear that any terms which differ from this License are offered
by You alone, not by Eclipse or any Contributor. You hereby
agree to indemnify Eclipse and every Contributor for any liability
incurred by Eclipse or such Contributor as a result of any
such terms You offer.
3.8. Larger Works.
You may create a Larger Work by combining Covered Code with
other code not governed by the terms of this License and distribute
the Larger Work as a single product. In such a case, You must
make sure the requirements of this License are fulfilled for
the Covered Code.
4. RESTRICTIONS
4.1. You agree to:
(a) display the original,
unmodified Genesis3D animated logo as the first logo on startup
of your product, demo or application;
(b) prominently display
the Genesis3D logo on any marketing materials, advertising
or packaging of your product, demo or application;
(c) distribute the
Covered Code to third parties who agree to be bound by these
terms and conditions;
(d) make reasonable
efforts to discontinue distribution of the Covered Code upon
Eclipse's release of an update, upgrade or new version of
the Covered Code and to make reasonable efforts to distribute
such updates, upgrades or new versions to your customers who
have received the Covered Code herein;
(e) be solely responsible
for any update or support obligation or other liability which
may arise from your distribution of the Covered Code.
4.2. You may not:
(a) remove, alter,
obscure, or modify in any way the appearance or operation
of the Genesis3D logo;
(b) copy the Covered
Code, in whole or in part, except as provided in this License;
(c) make any statement
that your product is "certified," or that its performance
is guaranteed, by Eclipse.
5. INABILITY TO COMPLY
DUE TO STATUTE OR REGULATION
If it is impossible
for You to comply with any of the terms of this License with
respect to some or all of the Covered Code due to statute
or regulation then You must:
(a) comply with the
terms of this License to the maximum extent possible; and
(b) describe the limitations
and the code they affect. Such description must be included
in the LEGAL file described in Section 3.5 and must be included
with all distributions of the Source Code. Except to the extent
prohibited by statute or regulation, such description must
be sufficiently detailed for a recipient of ordinary skill
to be able to understand it.
6. APPLICATION OF
THIS LICENSE
This License applies
to code to which Eclipse has attached the notice in Exhibit
A, and to related Covered Code.
7. VERSIONS OF THE
LICENSE
7.1. New Versions.
Eclipse may publish revised and/or new versions of the License
from time to time. Each version will be given a distinguishing
version number.
7.2. Effect of New
Versions. Once Covered Code has been published under a particular
version of the License, You may always continue to use it
under the terms of that version. You may also choose to use
such Covered Code under the terms of any subsequent version
of the License published by Eclipse. No one other than Eclipse
has the right to modify the terms applicable to Covered Code
created under this License.
8. DISCLAIMER OF WARRANTY
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS''
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY
COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ECLIPSE
OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. TERMINATION
This License and the
rights granted hereunder will terminate automatically if You
fail to comply with terms herein and fail to cure such breach
within 30 days of becoming aware of the breach. All sublicenses
to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this
License shall survive.
10. LIMITATION OF
LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL ECLIPSE, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU. INDEMNIFICATION: YOU SHALL INDEMNIFY, HOLD HARMLESS,
AND DEFEND ECLIPSE ANDT SUPPLIERS FROM AND AGAINST ANY CLAIMS
OR LAWSUITS, INCLUDING ATTORNEY'S FEES, THAT ARISE OR RESULT
FROM YOUR USE OR DISTRIBUTION OF ANY PRODUCT INCORPORATING
THE COVERED CODE IN WHOLE OR IN PART.
11. U.S. GOVERNMENT
END USERS
The Covered Code is
a ``commercial item,'' as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of ``commercial computer software''
and ``commercial computer software documentation,'' as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered
Code with only those rights set forth herein. 12. MISCELLANEOUS
This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is
held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable. This
License is governed by the laws of the State of Texas and
the United States, including patent and copyright laws. Any
claim arising out of this License will be brought in Travis
County, Texas. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulati which provides that the language
of a contract shall be construed against the drafter shall
not apply to this License.
13. RESPONSIBILITY
FOR CLAIMS
Except in cases where
another Contributor has failed to comply with Section 3.5,
You are responsible for damages arising, directly or indirectly,
out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available,
the revenues you received from utilizing such rights, and
other relevant factors. You agree to work with affected parties
to distribute responsibility on an equitable basis.
EXHIBIT A.
``The contents of this
file are subject to the Genesis3D Public License Version 1.01
(the "License"); you may not use this file except
in compliance with the License. You may obtain a copy of the
License at http://www.genesis3d.com Software distributed under
the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specific language governing rights and
limitations under the License.
The Original Code is
Genesis3D, released March 25, 1999. Copyright (C) 1996-1999
Eclipse Entertainment, L.L.C. All Rights Reserved. Contributor(s):
______________________________________.''
EXHIBIT B.
Functionality of the
Covered Code includes: (a) Representation and rendering of
2D and 3D images, objects, characters and scenes; (b) Collision
detection; (c) Artificial Intelligence (AI), including path
finding, planning and movement; (d) Network and internet communications;
(e) Data compression; (f) Streaming data over a network, modem,
or the internet; (g) Client/server architecture; (h) Physics
simulation; (i) Creation and editing of world geometry; (j)
Character animation, including motion interpolation, motion
planning, collision, and inverse kinematics.
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