DESTINY3D PUBLIC LICENSE Version 1.00 PREAMBLE Please read this license carefully before using Destiny3D. By downloading and using Destiny3D, 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 Destiny3D. This license is intended to make the source code of the Destiny3D engine available to everyone who wants the opportunity to use and contribute to a 3D engine. Destiny3D 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 Destiny3D you agree to be bound by the spirit and the terms of this license. This license permits you to use the Destiny3D SDK to create and sell products. You may also redistribute the Destiny3D SDK. You may also make modifications to the SDK and distribute them too. If you modify the Destiny3D 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 to Novus Delta under the same terms that we have granted you, and optionally to others under the same terms that have been granted to you. This guarantees that modifications to the engine will be potentially available to everyone and the best modifications can become part of the official Destiny3D release. Your source code must be released concurrent with releasing any executable built with Destiny3D. If you do not wish to make your source code available you must obtain a separate license from Novus Delta. 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 Novus Delta 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 Destiny3D 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. ``Novus Delta'' means Novus Delta, 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, change, or deletion to the Covered Code. This includes anything that extends the Destiny3D interface or is designed to be executing by the existing code. 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. ``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 (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 Novus Delta Grant. Novus Delta 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 (b) under patents now or hereafter owned or controlled by Novus Delta, 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 (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 Novus Delta 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 (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 Novus Delta 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 Novus Delta. (a) Other Products. Novus Delta may include Covered Code in products other than Destiny3D 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. (b) Other Licenses. Novus Delta 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. (c) Other Releases. Novus Delta may create new releases of Destiny3D 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 via an accepted Electronic Distribution Mechanism to Novus Delta. Any modification may optionally be made available via an accepted Electronic Distribution to everyone using the Source Code. 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 Novus Delta in (a) the Source Code, and (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. (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 Novus Delta 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 Novus Delta and every Contributor for any liability incurred by Novus Delta 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 Novus Delta or any Contributor. You hereby agree to indemnify Novus Delta and every Contributor for any liability incurred by Novus DElta 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) distribute the Covered Code to third parties who agree to be bound by these terms and conditions; (b) make reasonable efforts to discontinue distribution of the Covered Code upon Novus Delta'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; (c) 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) copy the Covered Code, in whole or in part, except as provided in this License; (b) make any statement that your product is "certified," or that its performance is guaranteed, by Novus Delta. 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 (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 Novus Delta has attached the notice in Exhibit A, and to related Covered Code. 7. VERSIONS OF THE LICENSE 7.1. New Versions. novus Delta 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 Novus Delta. No one other than Novus Delta 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 NOVUS DELTA 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 NOVUS DELTA, 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 NOVUS DELTA 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. EXHIBIT A. ``The contents of this file are subject to the Destiny3D Public License Version 1.00 (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.destiny3d.com 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 Destiny3D, released September 12, 2005. Copyright (C) 2005 Novus Delta, , L.L.C. 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; (b) Collision detection; (c) Artificial Intelligence (AI), including path finding, planning and movement; (d) Network and internet communications; (e) Data compression; (f) Streaming data over a network, modem, or the internet; (g) Client/server architecture; (h) Physics simulation; (i) Creation and editing of world geometry; (j) Character animation, including motion interpolation, motion planning, collision, and inverse kinematics.