3dfx license
Bruce Perens
bruce at perens.com
Sat Nov 20 06:56:49 UTC 1999
3DFX GLIDE Source Code General Public License
1. PREAMBLE
This license is for software that provides a 3D graphics application
program interface (API).The license is intended to offer terms similar
to some standard General Public Licenses designed to foster open
standards and unrestricted accessibility to source code. Some of these
licenses require that, as a condition of the license of the software,
any derivative works (that is, new software which is a work containing
the original program or a portion of it) must be available for general
use, without restriction other than for a minor transfer fee, and that
the source code for such derivative works must likewise be made
available. The only restriction is that such derivative works must be
subject to the same General Public License terms as the original work.
This 3dfx GLIDE Source Code General Public License differs from the
standard licenses of this type in that it does not require the entire
derivative work to be made available under the terms of this license
nor is the recipient required to make available the source code for
the entire derivative work. Rather, the license is limited to only the
identifiable portion of the derivative work that is derived from the
licensed software. The precise terms and conditions for copying,
distribution and modification follow.
2. DEFINITIONS
2.1 This License applies to any program (or other "work") which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this 3dfx GLIDE Source Code General
Public License.
2.2 The term "Program" as used in this Agreement refers to 3DFX's
GLIDE source code and object code and any Derivative Work.
2.3 "Derivative Work" means, for the purpose of the License, that
portion of any work that contains the Program or the identifiable
portion of a work that is derived from the Program, either verbatim or
with modifications and/or translated into another language, and that
performs 3D graphics API operations. It does not include any other
portions of a work.
2.4 "Modifications of the Program" means any work, which includes a
Derivative Work, and includes the whole of such work.
2.5 "License" means this 3dfx GLIDE Source Code General Public License.
2.6 The "Source Code" for a work means the preferred form of the work
for making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, any
associated interface definition files, and the scripts used to control
compilation and installation of the executable work.
2.7 "3dfx" means 3dfx Interactive, Inc.
3. LICENSED ACTIVITIES
3.1 COPYING - You may copy and distribute verbatim copies of the
Program's Source Code as you receive it, in any medium, subject to the
provision of section 3.3 and provided also that:
(a) you conspicuously and appropriately publish on each copy
an appropriate copyright notice (3dfx Interactive, Inc. 1999), a notice
that recipients who wish to copy, distribute or modify the Program can
only do so subject to this License, and a disclaimer of warranty as
set forth in section 5;
(b) keep intact all the notices that refer to this License and
to the absence of any warranty; and
(c) do not make any use of the GLIDE trademark without the prior
written permission of 3dfx, and
(d) give all recipients of the Program a copy of this License
along with the Program or instructions on how to easily receive a copy
of this License.
3.2 MODIFICATION OF THE PROGRAM/DERIVATIVE WORKS - You may modify your
copy or copies of the Program or any portion of it, and copy and
distribute such modifications subject to the provisions of section 3.3
and provided that you also meet all of the following conditions:
(a) you conspicuously and appropriately publish on each copy
of a Derivative Work an appropriate copyright notice, a notice that
recipients who wish to copy, distribute or modify the Derivative Work
can only do so subject to this License, and a disclaimer of warranty
as set forth in section 5;
(b) keep intact all the notices that refer to this License and
to the absence of any warranty; and
(c) give all recipients of the Derivative Work a copy of this
License along with the Derivative Work or instructions on how to easily
receive a copy of this License.
(d) You must cause the modified files of the Derivative Work
to carry prominent notices stating that you changed the files and the
date of any change.
(e) You must cause any Derivative Work that you distribute or
publish to be licensed at no charge to all third parties under the
terms of this License.
(f) You do not make any use of the GLIDE trademark without the
prior written permission of 3dfx.
(g) If the Derivative Work normally reads commands
interactively when run, you must cause it, when started running for
such interactive use, to print or display an announcement as follows:
"COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED THIS
SOFTWARE IS FREE AND PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. THERE IS NO RIGHT TO USE THE GLIDE
TRADEMARK WITHOUT PRIOR WRITTEN PERMISSION OF 3DFX INTERACTIVE,
INC. SEE THE 3DFX GLIDE GENERAL PUBLIC LICENSE FOR A FULL TEXT OF THE
DISTRIBUTION AND NON-WARRANTY PROVISIONS (REQUEST COPY FROM
INFO at 3DFX.COM)."
(h) The requirements of this section 3.2 do not apply to the
modified work as a whole but only to the Derivative Work. It is not
the intent of this License to claim rights or contest your rights to
work written entirely by you; rather, the intent is to exercise the
right to control the distribution of Derivative Works.
3.3 DISTRIBUTION
(a) All copies of the Program or Derivative Works which are
distributed must include in the file headers the following language
verbatim:
"THIS SOFTWARE IS SUBJECT TO COPYRIGHT PROTECTION AND IS OFFERED
ONLY PURSUANT TO THE 3DFX GLIDE GENERAL PUBLIC LICENSE. THERE IS NO
RIGHT TO USE THE GLIDE TRADEMARK WITHOUT PRIOR WRITTEN PERMISSION OF
3DFX INTERACTIVE, INC. A COPY OF THIS LICENSE MAY BE OBTAINED FROM
THE DISTRIBUTOR OR BY CONTACTING 3DFX INTERACTIVE INC (info at 3dfx.com).
THIS PROGRAM. IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. SEE THE 3DFX GLIDE GENERAL PUBLIC LICENSE FOR A
FULL TEXT OF THE NON-WARRANTY PROVISIONS.
USE, DUPLICATION OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO
RESTRICTIONS AS SET FORTH IN SUBDIVISION (C)(1)(II) OF THE RIGHTS
IN TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS 252.227-7013,
AND/OR IN SIMILAR OR SUCCESSOR CLAUSES IN THE FAR, DOD OR NASA FAR
SUPPLEMENT. UNPUBLISHED RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF
THE UNITED STATES.
COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED"
(b) You may distribute the Program or a Derivative Work in
object code or executable form under the terms of Sections 3.1 and 3.2
provided that you also do one of the following:
(1) Accompany it with the complete corresponding
machine-readable source code, which must be distributed under the
terms of Sections 3.1 and 3.2; or,
(2) Accompany it with a written offer, valid for at
least three years, to give any third party, for a charge no more than
your cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 3.1 and 3.2 on a medium
customarily used for software interchange; or,
(3) Accompany it with the information you received as
to the offer to distribute corresponding source code. (This alternative
is allowed only for noncommercial distribution and only if you received
the program in object code or executable form with such an offer, in
accord with Subsection 3.3(b)(2) above.)
(c) The source code distributed need not include anything
that is normally distributed (in either source or binary form) with
the major components (compiler, kernel, and so on) of the operating
system on which the executable runs, unless that component itself
accompanies the executable code.
(d) If distribution of executable code or object code is made
by offering access to copy from a designated place, then offering
equivalent access to copy the source code from the same place counts
as distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
(e) Each time you redistribute the Program or any Derivative
Work, the recipient automatically receives a license from 3dfx and
successor licensors to copy, distribute or modify the Program and
Derivative Works subject to the terms and conditions of the License.
You may not impose any further restrictions on the recipients'
exercise of the rights granted herein. You are not responsible for
enforcing compliance by third parties to this License.
(f) You may not make any use of the GLIDE trademark without
the prior written permission of 3dfx.
(g) You may not copy, modify, sublicense, or distribute the
Program or any Derivative Works except as expressly provided under
this License. Any attempt otherwise to copy, modify, sublicense or
distribute the Program or any Derivative Works is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
4. MISCELLANEOUS
4.1 Acceptance of this License is voluntary. By using, modifying or
distributing the Program or any Derivative Work, you indicate your
acceptance of this License to do so, and all its terms and conditions
for copying, distributing or modifying the Program or works based on
it. Nothing else grants you permission to modify or distribute the
Program or Derivative Works and doing so without acceptance of this
License is in violation of the U.S. and international copyright laws.
4.2 If the distribution and/or use of the Program or Derivative Works
is restricted in certain countries either by patents or by copyrighted
interfaces, the original copyright holder who places the Program under
this License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in
or among countries not thus excluded. In such case, this License
incorporates the limitation as if written in the body of this License.
4.3 This License is to be construed according to the laws of the
State of California and you consent to personal jurisdiction in the
State of California in the event it is necessary to enforce the
provisions of this License.
5. NO WARRANTIES
5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY
FOR THE PROGRAM. OR DERIVATIVE WORKS THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM AND ANY DERIVATIVE WORKS"AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PROGRAM AND ANY DERIVATIVE WORK IS WITH YOU.
SHOULD THE PROGRAM OR ANY DERIVATIVE WORK PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL 3DFX
INTERACTIVE, INC., OR ANY OTHER COPYRIGHT HOLDER, OR ANY OTHER PARTY
WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM OR DERIVATIVE WORKS AS
PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM OR DERIVATIVE WORKS (INCLUDING BUT NOT
LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES
SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM OR
DERIVATIVE WORKS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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