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