GeoVRML Public License Version 1.0 ---------------- 1. DEFINITIONS. 1.1. "API" means application programming interface. 1.2. "Community" means the Initial Developer and each and every one of You. 1.3. "Contributor" means each individual or legal entity that creates or contributes to the creation of Modifications. 1.4. "Contributor Code" means, collectively, (a) the Original Code, (b) the Modifications created by that particular Contributor, and (c) all Covered Code used by the Contributor in creating such Modifications. 1.5. "Covered Code" means any copy of the Original Code and/or Modifications as to which You are exercising any rights under this License. 1.6. "Distribute" means to sell or to otherwise transfer, whether directly or indirectly. 1.7. "Distributor" means each individual or legal entity exercising a right to Distribute Covered Code under this License or a future version of this License issued under Section 4.1. 1.8. "Distributor Code" means, collectively, (a) the Original Code and (b) the Covered Code Distributed by that particular Distributor. 1.9. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.10. "Executable" means Covered Code in any form other than Source Code. 1.11. "Initial Developer" means SRI International, having offices in Menlo Park, CA. 1.12. "Larger Work" means a work which combines Covered Code with other code that is not Original Code or a Modification. Such other code in the Larger Work is not governed by this License, but all Covered Code in the Larger Work remains fully subject to all terms and conditions of this License. 1.13. "License" means this document. 1.14. "Modifications" means any derivative work of either the Original Code or any previous Modifications. Including Covered Code header files or calls to Covered Code library functions in an application program shall not in and of itself cause that application program to be deemed a Modification, provided that the Covered Code so included shall in any case remain subject to the terms of this License. 1.15. "Original Code" means the source code for the GeoVRML library and the various libraries that it depends upon, as made available for download by SRI International from http://www.geovrml.org/1.0/ as of January, 2000. 1.16. "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. 1.17. "You" means an individual or a legal entity exercising rights under this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity that 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 Initial Developer Grant. The Initial Developer hereby grants the Community the following worldwide, royalty-free, non-exclusive license rights, subject to the terms and conditions of this License (including without limitation the Contributor and Distributor grants set forth in Section 2 and the Distribution Obligations set forth in Section 3): (a) a copyright license to use, reproduce, modify, display, perform, and Distribute the Original Code; and (b) a patent license to make, have made, use, and Distribute ("Utilize") Covered Code, under patents now or hereafter owned or controlled by Initial Developer but solely as to those patent claims which are reasonably necessary to Utilize the Original Code without further Modifications or combinations. 2.2. Contributor Grant. If You are a Contributor, You hereby grant the Community the following worldwide, royalty-free, non-exclusive license rights, subject to the terms and conditions of this License: (a) a copyright license to use, reproduce, modify, display, perform, and Distribute the Contributor Code; and (b) a patent license to Utilize Covered Code, under patents now or hereafter owned or controlled by Contributor but solely as to those patent claims which are reasonably necessary to Utilize the Contributor Code without further Modifications or combinations. 2.3. Distributor Grant. If You are a Distributor, You hereby grant the Community the following worldwide, royalty-free, non-exclusive license rights, subject to the terms and conditions of this License: (a) a copyright license to use, reproduce, modify, display, perform, and Distribute the Distributor Code; and (b) a patent license to Utilize Covered Code, under patents now or hereafter owned or controlled by Distributor but solely as to those patent claims which are reasonably necessary to Utilize the Distributor Code without further Modifications or combinations. 2.4. Sublicenses. The license rights that are granted under this Section 2 may be sublicensed only by Distributing Source Code in compliance with all applicable terms and conditions of this License. No other sublicensing of intellectual property rights granted under this License is permitted. 3. DISTRIBUTION OBLIGATIONS. 3.1. Distribution of Source Code. 3.1.1. Only Under the Terms of this License. You may only Distribute Source Code subject to the terms of this License or a future version of this License released under Section 4.1. You must include a copy of this License with every copy of the Source Code that You Distribute. You must include a copy of the notice in Exhibit A in each file of the Source Code, and a copy of this License in documentation for the Source Code, including all documentation where You describe recipients' rights relating to Covered Code. 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. 3.1.2. Additional Terms for Recipients. If You Distribute Source Code, You may not offer or impose any terms that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, if You so choose You may include an additional document offering (for fee, or otherwise) warranty, support, indemnity or liability obligations to one or more recipients of Covered Code that You Distribute. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any contributor or other Distributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every contributor for any liability incurred by the Initial Developer or such contributor as a result of warranty, support, indemnity or liability terms You offer. 3.1.3. Description of Modifications. If You are a Contributor, You must cause the Source Code for all Modifications to which you contribute to contain a file documenting any changes You made to create that Modification, and the date of such changes. 3.2. Distribution of Executable Versions. 3.2.1. Required Availability of Source Code. If You Distribute an Executable version of a Modification, and You contributed to or have access to the Source Code for such Modification, you must ensure that the Source Code is available to all recipients of the Executable, under the terms of this License and at no additional cost. The Source Code must be made available either on the same media as the Executable version or via an accepted Electronic Distribution Mechanism; and if made available via Electronic Distribution Mechanism, the Source Code 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 a third party maintains the Electronic Distribution Mechanism. You must include a notice with the Executable that You Distribute, stating that the corresponding Source Code is available under the terms of this License, and including a description of how and where the applicable obligations of this section have been fulfilled. The notice must be conspicuously included in any notice provided with the Executable or in related documentation or collateral in which You describe recipients' rights. 3.2.2. Recipient Terms. If You Distribute an Executable to recipients, You must include a warranty disclaimer and a limitation of liability provision on behalf of the Initial Developer and every contributor, equivalent to the provisions provided in Sections 5 and 6 below. You may offer additional license terms of Your own choice to recipients, provided that Your license: (a) makes absolutely clear than any such terms are offered by You alone and not on behalf of the Initial Developer or any other third party, (b) does not attempt to limit or alter the recipients' rights in the Source Code version from the rights set forth in this License and (c) does not attempt or purport to sublicense to recipients any intellectual property rights granted to You under this License. You hereby agree to indemnify the Initial Developer and every contributor for any and all liability or damages they may incur if caused by Your violation of this Section. 3.3. Third Party Intellectual Property Claims If You Distribute any Covered Code, and You have knowledge that a party claims an intellectual property right affecting its utilization under this License, you must include a text file with any Covered Code You Distribute 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 begin Distributing Covered Code, You shall promptly modify the LEGAL file in all copies of Covered Code 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. If You are a Contributor and Your Modification is an API and You own or control patents that are reasonably necessary to implement that API, you must also include this information in the LEGAL file. 3.4. Use of Name; Attribution. If You Distribute any software containing Covered Code, You must include a prominent statement referencing http://www.geovrml.org/1.0/ and stating that Your software includes software under license from SRI International that is derived from the GeoVRML library developed by SRI. This statement must be included in: (a) any Source Code You Distribute, and (b) in any notice in an Executable version or related documentation You Distribute in which You describe the origin or ownership of your software. Except as expressly authorized by this License, no right is granted to use the name of SRI in any advertising, news release, other publication, or product documentation, without the prior express written consent of SRI. 3.5. Distributor Registration. If You Distribute any Covered Code under this License, You must first register by sending email to the Initial Developer addressed to register@ai.sri.com, including a statement confirming that you accept the terms and conditions of this License, and including a copy of, or pointer (URL) to, the Covered Code you are planning to distribute. 4. VERSIONS OF THE LICENSE. 4.1. New Versions. The Initial Developer may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. 4.2. 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 the Initial Developer. No one other than the Initial Developer has the right to modify the terms applicable to Covered Code created under this License. 5. 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 THE INITIAL DEVELOPER 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. 6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, 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. 7. RESPONSIBILITY FOR CLAIMS. You are responsible for damages arising, directly or indirectly, out of Your exercise 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. 8. 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. 9. 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 shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America any litigation relating to this Agreement shall be subject to personal jurisdiction and venue in the Federal Courts of the Northern District of California, and in the California state courts of San Mateo County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. 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. EXHIBIT A. "The contents of this file are subject to GeoVRML Public License Version 1.0 (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.geovrml.org/1.0/license/. 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. Portions are Copyright (c) SRI International, 2000."