| 1 | 3DFX FXT1 Source Code General Public License |
| 2 | |
| 3 | |
| 4 | 1. PREAMBLE |
| 5 | |
| 6 | This license is for software that provides texture compression and |
| 7 | decompression, particularly in the context of video games. The license |
| 8 | is intended to offer terms similar to some standard General Public |
| 9 | Licenses designed to foster open standards and unrestricted |
| 10 | accessibility to source code. Some of these licenses require that, as |
| 11 | a condition of the license of the software, any derivative works |
| 12 | (that is, new software which is a work containing the original program |
| 13 | or a portion of it) must be available for general use, without |
| 14 | restriction other than for a minor transfer fee, and that the source |
| 15 | code for such derivative works must likewise be made available. The |
| 16 | only restriction is that such derivative works must be subject to |
| 17 | the same General Public License terms as the original work. |
| 18 | |
| 19 | This 3dfx FXT1 Source Code General Public License differs from the |
| 20 | standard licenses of this type in that it does not require the entire |
| 21 | derivative work to be made available under the terms of this license |
| 22 | nor is the recipient required to make available the source code for |
| 23 | the entire derivative work. Rather, the license is limited to only the |
| 24 | identifiable portion of the derivative work that is derived from the |
| 25 | licensed software. The precise terms and conditions for copying, |
| 26 | distribution and modification follow. |
| 27 | |
| 28 | |
| 29 | 2. DEFINITIONS |
| 30 | |
| 31 | 2.1 This License applies to any program (or other "work") which |
| 32 | contains a notice placed by the copyright holder saying it may be |
| 33 | distributed under the terms of this 3dfx FXT1 Source Code General |
| 34 | Public License. |
| 35 | |
| 36 | 2.2 The term "Program" as used in this Agreement refers to 3DFX's |
| 37 | FXT1 source code and object code and any Derivative Work. |
| 38 | |
| 39 | 2.3 "Derivative Work" means, for the purpose of the License, that |
| 40 | portion of any work that contains the Program or the identifiable |
| 41 | portion of a work that is derived from the Program, either verbatim or |
| 42 | with modifications and/or translated into another language, and that |
| 43 | performs texture compression and decompression. It does not include |
| 44 | any other portions of a work. |
| 45 | |
| 46 | 2.4 "Modifications of the Program" means any work, which includes a |
| 47 | Derivative Work, and includes the whole of such work. |
| 48 | |
| 49 | 2.5 "License" means this 3dfx FXT1 Source Code General Public License. |
| 50 | |
| 51 | 2.6 The "Source Code" for a work means the preferred form of the work |
| 52 | for making modifications to it. For an executable work, complete source |
| 53 | code means all the source code for all modules it contains, any |
| 54 | associated interface definition files, and the scripts used to control |
| 55 | compilation and installation of the executable work. |
| 56 | |
| 57 | 2.7 "3dfx" means 3dfx Interactive, Inc. |
| 58 | |
| 59 | |
| 60 | 3. LICENSED ACTIVITIES |
| 61 | |
| 62 | 3.1 COPYING - You may copy and distribute verbatim copies of the |
| 63 | Program's Source Code as you receive it, in any medium, subject to the |
| 64 | provision of section 3.3 and provided also that: |
| 65 | |
| 66 | (a) you conspicuously and appropriately publish on each copy |
| 67 | an appropriate copyright notice (3dfx Interactive, Inc. 1999), a notice |
| 68 | that recipients who wish to copy, distribute or modify the Program can |
| 69 | only do so subject to this License, and a disclaimer of warranty as |
| 70 | set forth in section 5; |
| 71 | |
| 72 | (b) keep intact all the notices that refer to this License and |
| 73 | to the absence of any warranty; and |
| 74 | |
| 75 | (c) give all recipients of the Program a copy of this License |
| 76 | along with the Program or instructions on how to easily receive a copy |
| 77 | of this License. |
| 78 | |
| 79 | |
| 80 | 3.2 MODIFICATION OF THE PROGRAM/DERIVATIVE WORKS - You may modify your |
| 81 | copy or copies of the Program or any portion of it, and copy and |
| 82 | distribute such modifications subject to the provisions of section 3.3 |
| 83 | and provided that you also meet all of the following conditions: |
| 84 | |
| 85 | (a) you conspicuously and appropriately publish on each copy |
| 86 | of a Derivative Work an appropriate copyright notice, a notice that |
| 87 | recipients who wish to copy, distribute or modify the Derivative Work |
| 88 | can only do so subject to this License, and a disclaimer of warranty |
| 89 | as set forth in section 5; |
| 90 | |
| 91 | (b) keep intact all the notices that refer to this License and |
| 92 | to the absence of any warranty; and |
| 93 | |
| 94 | (c) give all recipients of the Derivative Work a copy of this |
| 95 | License along with the Derivative Work or instructions on how to easily |
| 96 | receive a copy of this License. |
| 97 | |
| 98 | (d) You must cause the modified files of the Derivative Work |
| 99 | to carry prominent notices stating that you changed the files and the |
| 100 | date of any change. |
| 101 | |
| 102 | (e) You must cause any Derivative Work that you distribute or |
| 103 | publish to be licensed at no charge to all third parties under the |
| 104 | terms of this License. |
| 105 | |
| 106 | (f) If the Derivative Work normally reads commands |
| 107 | interactively when run, you must cause it, when started running for |
| 108 | such interactive use, to print or display an announcement as follows: |
| 109 | |
| 110 | "COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED THIS |
| 111 | SOFTWARE IS FREE AND PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, |
| 112 | EITHER EXPRESSED OR IMPLIED. SEE THE 3DFX FXT1 GENERAL PUBLIC LICENSE |
| 113 | FOR A FULL TEXT OF THE DISTRIBUTION AND NON-WARRANTY PROVISIONS |
| 114 | (REQUEST COPY FROM INFO@3DFX.COM)." |
| 115 | |
| 116 | (g) The requirements of this section 3.2 do not apply to the |
| 117 | modified work as a whole but only to the Derivative Work. It is not |
| 118 | the intent of this License to claim rights or contest your rights to |
| 119 | work written entirely by you; rather, the intent is to exercise the |
| 120 | right to control the distribution of Derivative Works. |
| 121 | |
| 122 | |
| 123 | 3.3 DISTRIBUTION |
| 124 | |
| 125 | (a) All copies of the Program or Derivative Works which are |
| 126 | distributed must include in the file headers the following language |
| 127 | verbatim: |
| 128 | |
| 129 | "THIS SOFTWARE IS SUBJECT TO COPYRIGHT PROTECTION AND IS OFFERED |
| 130 | ONLY PURSUANT TO THE 3DFX FXT1 GENERAL PUBLIC LICENSE. A COPY OF THIS |
| 131 | LICENSE MAY BE OBTAINED FROM THE DISTRIBUTOR OR BY CONTACTING 3DFX |
| 132 | INTERACTIVE INC (info@3dfx.com). THIS PROGRAM. IS PROVIDED "AS IS" |
| 133 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SEE THE |
| 134 | 3DFX FXT1 GENERAL PUBLIC LICENSE FOR A FULL TEXT OF THE NON-WARRANTY |
| 135 | PROVISIONS. |
| 136 | |
| 137 | USE, DUPLICATION OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO |
| 138 | RESTRICTIONS AS SET FORTH IN SUBDIVISION (C)(1)(II) OF THE RIGHTS |
| 139 | IN TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS 252.227-7013, |
| 140 | AND/OR IN SIMILAR OR SUCCESSOR CLAUSES IN THE FAR, DOD OR NASA FAR |
| 141 | SUPPLEMENT. UNPUBLISHED RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF |
| 142 | THE UNITED STATES. |
| 143 | |
| 144 | COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED" |
| 145 | |
| 146 | (b) You may distribute the Program or a Derivative Work in |
| 147 | object code or executable form under the terms of Sections 3.1 and 3.2 |
| 148 | provided that you also do one of the following: |
| 149 | |
| 150 | (1) Accompany it with the complete corresponding |
| 151 | machine-readable source code, which must be distributed under the |
| 152 | terms of Sections 3.1 and 3.2; or, |
| 153 | |
| 154 | (2) Accompany it with a written offer, valid for at |
| 155 | least three years, to give any third party, for a charge no more than |
| 156 | your cost of physically performing source distribution, a complete |
| 157 | machine-readable copy of the corresponding source code, to be |
| 158 | distributed under the terms of Sections 3.1 and 3.2 on a medium |
| 159 | customarily used for software interchange; or, |
| 160 | |
| 161 | (3) Accompany it with the information you received as |
| 162 | to the offer to distribute corresponding source code. (This alternative |
| 163 | is allowed only for noncommercial distribution and only if you received |
| 164 | the program in object code or executable form with such an offer, in |
| 165 | accord with Subsection 3.3(b)(2) above.) |
| 166 | |
| 167 | (c) The source code distributed need not include anything |
| 168 | that is normally distributed (in either source or binary form) with |
| 169 | the major components (compiler, kernel, and so on) of the operating |
| 170 | system on which the executable runs, unless that component itself |
| 171 | accompanies the executable code. |
| 172 | |
| 173 | (d) If distribution of executable code or object code is made |
| 174 | by offering access to copy from a designated place, then offering |
| 175 | equivalent access to copy the source code from the same place counts |
| 176 | as distribution of the source code, even though third parties are not |
| 177 | compelled to copy the source along with the object code. |
| 178 | |
| 179 | (e) Each time you redistribute the Program or any Derivative |
| 180 | Work, the recipient automatically receives a license from 3dfx and |
| 181 | successor licensors to copy, distribute or modify the Program and |
| 182 | Derivative Works subject to the terms and conditions of the License. |
| 183 | You may not impose any further restrictions on the recipients' |
| 184 | exercise of the rights granted herein. You are not responsible for |
| 185 | enforcing compliance by third parties to this License. |
| 186 | |
| 187 | (f) You may not copy, modify, sublicense, or distribute the |
| 188 | Program or any Derivative Works except as expressly provided under |
| 189 | this License. Any attempt otherwise to copy, modify, sublicense or |
| 190 | distribute the Program or any Derivative Works is void, and will |
| 191 | automatically terminate your rights under this License. However, |
| 192 | parties who have received copies, or rights, from you under this |
| 193 | License will not have their licenses terminated so long as such |
| 194 | parties remain in full compliance. |
| 195 | |
| 196 | |
| 197 | 4. MISCELLANEOUS |
| 198 | |
| 199 | 4.1 Acceptance of this License is voluntary. By using, modifying or |
| 200 | distributing the Program or any Derivative Work, you indicate your |
| 201 | acceptance of this License to do so, and all its terms and conditions |
| 202 | for copying, distributing or modifying the Program or works based on |
| 203 | it. Nothing else grants you permission to modify or distribute the |
| 204 | Program or Derivative Works and doing so without acceptance of this |
| 205 | License is in violation of the U.S. and international copyright laws. |
| 206 | |
| 207 | 4.2 If the distribution and/or use of the Program or Derivative Works |
| 208 | is restricted in certain countries either by patents or by copyrighted |
| 209 | interfaces, the original copyright holder who places the Program under |
| 210 | this License may add an explicit geographical distribution limitation |
| 211 | excluding those countries, so that distribution is permitted only in |
| 212 | or among countries not thus excluded. In such case, this License |
| 213 | incorporates the limitation as if written in the body of this License. |
| 214 | |
| 215 | 4.3 This License is to be construed according to the laws of the |
| 216 | State of California and you consent to personal jurisdiction in the |
| 217 | State of California in the event it is necessary to enforce the |
| 218 | provisions of this License. |
| 219 | |
| 220 | |
| 221 | 5. NO WARRANTIES |
| 222 | |
| 223 | 5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY |
| 224 | FOR THE PROGRAM. OR DERIVATIVE WORKS THE COPYRIGHT HOLDERS AND/OR |
| 225 | OTHER PARTIES PROVIDE THE PROGRAM AND ANY DERIVATIVE WORKS"AS IS" |
| 226 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
| 227 | BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND |
| 228 | FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY |
| 229 | AND PERFORMANCE OF THE PROGRAM AND ANY DERIVATIVE WORK IS WITH YOU. |
| 230 | SHOULD THE PROGRAM OR ANY DERIVATIVE WORK PROVE DEFECTIVE, YOU ASSUME |
| 231 | THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. |
| 232 | |
| 233 | 5.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL 3DFX |
| 234 | INTERACTIVE, INC., OR ANY OTHER COPYRIGHT HOLDER, OR ANY OTHER PARTY |
| 235 | WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM OR DERIVATIVE WORKS AS |
| 236 | PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, |
| 237 | SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR |
| 238 | INABILITY TO USE THE PROGRAM OR DERIVATIVE WORKS (INCLUDING BUT NOT |
| 239 | LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES |
| 240 | SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM OR |
| 241 | DERIVATIVE WORKS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH |
| 242 | HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
| 243 | DAMAGES. |
| 244 | |