Jet3D [free but not free]
Posted: Thu Nov 01, 2007 5:40 pm
[url=\"http://www.jet3d.com/joomla/\"]Jet3D[/url] is a robust 3D graphics engine built for high performance real-time rendering. Jet3D offers realtime editing, advanced lighting features, 3D modeling support, seamless soft-skin polygonal characters and many other innovations.
JET3D PUBLIC LICENSE
Version 1.02
PREAMBLE
Please read this license carefully before using Jet3D. By downloading and
using Jet3D, 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 Jet3D.
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. Jet3D 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 Jet3D you agree to be bound by the spirit and the terms of this
license.
This license permits you to use the Jet3D SDK to create and sell products.
You may also redistribute the Jet3D SDK. You may also make
modifications to the SDK and distribute them too.
If you modify the Jet3D engine source, excerpt any portion of it, or if you
use a modified version of the engine source, you must make 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 Jet3D
release. Your source code must be released concurrent with releasing any
executable built with Jet3D. If you do not wish to make your source code
available you must obtain a separate license from Eclipse.
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 Jet3D logo as the first logo on
startup of your product, demo or application. You must also prominently
display the Jet3D logo on any marketing materials, advertising or
packaging of your product.
You may not use Jet3D to deliver content within a browser. If you are
interested in 3D on the web visit www.wildtangent.com and learn about
their web driver.
These terms are good for the community because it makes 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 Jet3D 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. ``WildTangent'' means WildTangent, Inc.
1.13. ``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 (<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 and WildTangent 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
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 or WildTangent 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 Jet3D
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.
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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.
© Other Releases.
Eclipse may create new releases of Jet3D 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 include 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 (<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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.
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 liability 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 different 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 Jet3D logo as the first logo on
startup of your product, demo or application;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> prominently display the Jet3D logo on any marketing materials,
advertising or packaging of your product, demo or application;
© 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 Jet3D logo;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> copy the Covered Code, in whole or in part, except as provided in
this License;
© make any statement that your product is "certified," or that its
performance is guaranteed, by Eclipse;
(d) use the Covered Code, in whole or in part, in a Restricted Use
(defined in Section 13).
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 (<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 AND IT 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
regulation 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.
13. RESTRICTED USE
This section applies only to Windows or Microsoft operating systems,
Macintosh operating systems, Unix operating systems and Linux
operating systems. Other operating systems are excluded from these
restrictions.
You are not permitted to use the Covered Code for or in connection
with:
(a) viewing 3D content in a browser;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> streaming content via a browser;
© streaming compressed 3D graphics and animation to Web-based or
Internet-based viewers (by example, but not limited to, RealNetworks
products, MacroMedia products, Microsoft streaming media
applications.)
Section © shall have the following exception: You are permitted to
use the Covered Code in a stand-alone executable application (but not
a platform) that involves or uses a network for downloading content
provided that:
(a) such content is not viewed or streamed via a browser;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> only You will sell or profit from content viewed using the Covered
Code;
© You agree to not use the Covered Code in a manner such that any
third party could lawfully sell or profit from any content that uses the
Covered Code.
The following will not constitute a Restricted Use:
(a) use of a browser merely to download applications or data, without
any display of interactive real-time rendered 3D graphics through the
browser;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> use of a browser for connecting stand-alone applications (provided
that there is no display of interactive or real-time rendered 3D
graphics through the browser);
© use of a browser merely to report results of a tournament;
(d) use of a browser merely to establish network communications.
EXHIBIT A.
``The contents of this file are subject to the Jet3D Public License
Version 1.02 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
[url=\"http://www.jet3d.com\"]http://www.jet3d.com[/url]
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 Jet3D, released December 6, 1999.
Portions copyright © 1999 Eclipse Entertainment, L.L.C. All Rights
Reserved.
Portions copyright © 1996-1999 WildTangent, Inc. 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;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> Collision detection;
© Artificial Intelligence (AI), including path finding, planning and
movement;
(d) Data compression;
(e) Physics simulation;
(f) Creation and editing of world geometry;
(g) Character animation, including motion interpolation, motion
planning, collision, and inverse kinematics.
JET3D PUBLIC LICENSE
Version 1.02
PREAMBLE
Please read this license carefully before using Jet3D. By downloading and
using Jet3D, 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 Jet3D.
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. Jet3D 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 Jet3D you agree to be bound by the spirit and the terms of this
license.
This license permits you to use the Jet3D SDK to create and sell products.
You may also redistribute the Jet3D SDK. You may also make
modifications to the SDK and distribute them too.
If you modify the Jet3D engine source, excerpt any portion of it, or if you
use a modified version of the engine source, you must make 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 Jet3D
release. Your source code must be released concurrent with releasing any
executable built with Jet3D. If you do not wish to make your source code
available you must obtain a separate license from Eclipse.
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 Jet3D logo as the first logo on
startup of your product, demo or application. You must also prominently
display the Jet3D logo on any marketing materials, advertising or
packaging of your product.
You may not use Jet3D to deliver content within a browser. If you are
interested in 3D on the web visit www.wildtangent.com and learn about
their web driver.
These terms are good for the community because it makes 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 Jet3D 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. ``WildTangent'' means WildTangent, Inc.
1.13. ``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 (<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 and WildTangent 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
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 or WildTangent 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 Jet3D
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.
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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.
© Other Releases.
Eclipse may create new releases of Jet3D 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 include 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 (<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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.
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 liability 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 different 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 Jet3D logo as the first logo on
startup of your product, demo or application;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> prominently display the Jet3D logo on any marketing materials,
advertising or packaging of your product, demo or application;
© 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 Jet3D logo;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> copy the Covered Code, in whole or in part, except as provided in
this License;
© make any statement that your product is "certified," or that its
performance is guaranteed, by Eclipse;
(d) use the Covered Code, in whole or in part, in a Restricted Use
(defined in Section 13).
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 (<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'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 AND IT 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
regulation 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.
13. RESTRICTED USE
This section applies only to Windows or Microsoft operating systems,
Macintosh operating systems, Unix operating systems and Linux
operating systems. Other operating systems are excluded from these
restrictions.
You are not permitted to use the Covered Code for or in connection
with:
(a) viewing 3D content in a browser;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> streaming content via a browser;
© streaming compressed 3D graphics and animation to Web-based or
Internet-based viewers (by example, but not limited to, RealNetworks
products, MacroMedia products, Microsoft streaming media
applications.)
Section © shall have the following exception: You are permitted to
use the Covered Code in a stand-alone executable application (but not
a platform) that involves or uses a network for downloading content
provided that:
(a) such content is not viewed or streamed via a browser;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> only You will sell or profit from content viewed using the Covered
Code;
© You agree to not use the Covered Code in a manner such that any
third party could lawfully sell or profit from any content that uses the
Covered Code.
The following will not constitute a Restricted Use:
(a) use of a browser merely to download applications or data, without
any display of interactive real-time rendered 3D graphics through the
browser;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> use of a browser for connecting stand-alone applications (provided
that there is no display of interactive or real-time rendered 3D
graphics through the browser);
© use of a browser merely to report results of a tournament;
(d) use of a browser merely to establish network communications.
EXHIBIT A.
``The contents of this file are subject to the Jet3D Public License
Version 1.02 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
[url=\"http://www.jet3d.com\"]http://www.jet3d.com[/url]
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 Jet3D, released December 6, 1999.
Portions copyright © 1999 Eclipse Entertainment, L.L.C. All Rights
Reserved.
Portions copyright © 1996-1999 WildTangent, Inc. 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;
(<img src=\'http://www.killanet.net/forum3/public/s ... shades.gif\' class=\'bbc_emoticon\' alt=\'B)\' /> Collision detection;
© Artificial Intelligence (AI), including path finding, planning and
movement;
(d) Data compression;
(e) Physics simulation;
(f) Creation and editing of world geometry;
(g) Character animation, including motion interpolation, motion
planning, collision, and inverse kinematics.