JET3D PUBLIC LICENSE

Version 1.02

PREAMBLE

Please read this license carefully before using Jet3D. By downloading and 
using Jet3D, 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 Jet3D.

This license is intended to make the source code of a state-of-the-art 3D 
engine available to everyone who wants the opportunity to use and 
contribute to a 3D engine.  Jet3D 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 Jet3D you agree to be bound by the spirit and the terms of this 
license.

This license permits you to use the Jet3D SDK to create and sell products.  
You may also redistribute the Jet3D SDK.  You may also make 
modifications to the SDK and distribute them too.

If you modify the Jet3D 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 for others to use under the same terms that we have granted 
you.  This guarantees that modifications to the engine will be available to 
everyone and the best modifications can become part of the official Jet3D 
release.  Your source code must be released concurrent with releasing any 
executable built with Jet3D.  If you do not wish to make your source code 
available you must obtain a separate license from Eclipse.

If you use the original unmodified Eclipse-built binaries there is no 
requirement for you to make your source code available.

You must display the original unmodified Jet3D logo as the first logo on 
startup of your product, demo or application.  You must also prominently 
display the Jet3D logo on any marketing materials, advertising or 
packaging of your product.

You may not use Jet3D to deliver content within a browser.  If you are 
interested in 3D on the web visit www.wildtangent.com and learn about 
their web driver.
 
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 Eclipse 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 Jet3D 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. ``Eclipse'' means Eclipse Entertainment, 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 to or deletion from the 
substance or structure of either the Original Code or any previous 
Modifications. When Covered Code is released as a series of files, a 
Modification is:
A. Any addition to or deletion from the contents of a file 
containing Original Code or previous Modifications. 
B. Any new file that contains any part of the Original Code or 
previous Modifications.

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. ``WildTangent'' means WildTangent, Inc.

1.13. ``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 Eclipse Grant. 
Eclipse 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 Eclipse, 
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 Eclipse and WildTangent 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 
Eclipse or WildTangent 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 Eclipse.
(a) Other Products.
Eclipse may include Covered Code in products other than Jet3D 
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.
Eclipse 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.
Eclipse may create new releases of Jet3D 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 
either on the same media as an Executable version or via an accepted 
Electronic Distribution Mechanism to anyone to whom you made an 
Executable version available; and if made available via Electronic 
Distribution Mechanism, 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 the 
Electronic Distribution Mechanism is maintained by a third party.  
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 Eclipse 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 Eclipse 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 Eclipse 
and every Contributor for any liability incurred by Eclipse 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 
Eclipse or any Contributor. You hereby agree to indemnify Eclipse and 
every Contributor for any liability incurred by Eclipse 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) display the original, unmodified Jet3D logo as the first logo on 
startup of your product, demo or application;
(b) prominently display the Jet3D logo on any marketing materials, 
advertising or packaging of your product, demo or application;
(c) distribute the Covered Code to third parties who agree to be bound 
by these terms and conditions;
(d) make reasonable efforts to discontinue distribution of the Covered 
Code upon Eclipse'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;
(e) 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) remove, alter, obscure, or modify in any way the appearance or 
operation of the Jet3D logo;
(b) copy the Covered Code, in whole or in part, except as provided in 
this License;
(c) make any statement that your product is "certified," or that its 
performance is guaranteed, by Eclipse;
(d) use the Covered Code, in whole or in part, in a Restricted Use 
(defined in Section 13).

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 Eclipse has attached the notice 
in Exhibit A, and to related Covered Code.
 
7. VERSIONS OF THE LICENSE

7.1. New Versions. 
Eclipse 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 Eclipse. 
No one other than Eclipse 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 
ECLIPSE 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 ECLIPSE, 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 ECLIPSE 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.

13. RESTRICTED USE

This section applies only to Windows or Microsoft operating systems, 
Macintosh operating systems, Unix operating systems and Linux 
operating systems.  Other operating systems are excluded from these 
restrictions.

You are not permitted to use the Covered Code for or in connection 
with:

(a) viewing 3D content in a browser;
(b) streaming content via a browser;
(c) streaming compressed 3D graphics and animation to Web-based or 
Internet-based viewers (by example, but not limited to, RealNetworks 
products, MacroMedia products, Microsoft streaming media 
applications.)

Section (c) shall have the following exception: You are permitted to 
use the Covered Code in a stand-alone executable application (but not 
a platform) that involves or uses a network for downloading content 
provided that: 

(a) such content is not viewed or streamed via a browser;
(b) only You will sell or profit from content viewed using the Covered 
Code;
(c) You agree to not use the Covered Code in a manner such that any 
third party could lawfully sell or profit from any content that uses the 
Covered Code.

The following will not constitute a Restricted Use:

(a) use of a browser merely to download applications or data, without 
any display of interactive real-time rendered 3D graphics through the 
browser;
(b) use of a browser for connecting stand-alone applications (provided 
that there is no display of interactive or real-time rendered 3D 
graphics through the browser);
(c) use of a browser merely to report results of a tournament;
(d) use of a browser merely to establish network communications.

EXHIBIT A. 

``The contents of this file are subject to the Jet3D Public License 
Version 1.02 (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.jet3d.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 Jet3D, released December 12, 1999.
Portions copyright (C) 1999 Eclipse Entertainment, L.L.C. All Rights 
Reserved. 
Portions copyright (C) 1996-1999 WildTangent, Inc. 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) Data compression;
(e) Physics simulation;
(f) Creation and editing of world geometry;
(g) Character animation, including motion interpolation, motion 
planning, collision, and inverse kinematics.

