NEW genesis 3d open source license.

[Voltare]

Since Wild Tangent has stated, publicly, that they no longer have, nor want, anything to do with g3d, and Eclispe Entertainment got swallowed by W..t, therefore ending any rights D.S. or anyone else had to the original g3d, ( not covering jet3d, which i'm not sure of)Here is my revised Genesis 3d Open Source License.

GENESIS3D OPEN SOURCE LICENSE

Version 1.00

PREAMBLE

Please read this license carefully before using Genesis3D. By
downloading and using Genesis3D, 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 Genesis3D.

This license is intended to make the source code of a 3D
engine available to everyone who wants the opportunity to use and
contribute to a 3D engine. Genesis3D is no longer a commercial product. It is
in the public domain or "freeware" .

This license permits you to use the Genesis3D SDK to create and sell
products. You may also redistribute the Genesis3D SDK. You may also
make modifications to the SDK and distribute them too.

Gtest, the sample game, is specifically excluded from this requirement.
Feel free to modify Gtest and use it in any way that benefits you.

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.



1.6. ``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. ``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 open source Grant.
Genesis3d 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.


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.



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.





3.4. 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.





3.8. 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:


(c) distribute the Covered Code to third parties who agree to be
bound by these terms and conditions;

(e) be solely responsible for any update or support obligation or other
liability which may arise from your distribution of the Covered Code.



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 any and all genesis3d source code, now and in the future.

7. VERSIONS OF THE 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.



10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL (website), 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 (website) 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 ( open source license); you may not use this file
except in compliance with the License. You may obtain a copy of the
License at (website)
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 Genesis3D, released March 25, 1999.

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.

Nothing in the license states anything about Mr. Stafford.
Don't like it? Delete it then.Just know, that I have proven who owns genesis3d.And it ain't Mr.Stafford.

[Allanon]

We have no legal right to change the license. Genesis3d 1.1 was released to the public with a license and Eclipse Entertainment (Dave Stafford) has the copyright and reserved all rights. Dave sold the engine but he was given the rights to the code as it stood at the time of the WildTangent acquisition. That is why he was able to release the code as Jet3d. Genesis3d 1.1 was already released before the acquisition and WildTangent has nothing to do with that release.

[bernie]

I agree with you there Allanon 100%. Dave Stafford is the only person that can change the licence as he owns the copyright.

[Voltare]

Dave Stafford....no longer is with E.E....as it was purchased by W.T.....he now runs a metadata crawler thing....and has about as much right to "own" g3d as I do.therefore, I'm proposing that the above license be the new one.

Go ahead, guys.Since Eclipse Entertainment is no longer a viable entity of any sort, and their successor( Wild Tangent) has already publicly stated that they have no rights, nor do they want any rights, to the engine, then the license included with g3d is invalid.David Stafford is nowhere named in the liscnse....therefore, he has no claim on g3d.

[Voltare]

Also, the company named in the license no longer exists as a company, therefore making the code , as stated in many many areas by wild tangent,including the 1.1 open source released by E.E.,completely open source.

[Allanon]

Copyrights can be legally passed to other people or companies so Dave or WildTangent might still legally own the copyright for Genesis3d 1.1. And the copyright holder is the only one that can legally change the license. But the license to the released Genesis3d 1.1 can never be changed unless it is re-released with a new license. But even then the old version would still be legal to use with the old license. To change the license we need to find the copyright holder and ask them to give up the copyright to Genesis3d 1.1 or re-release an new version of Genesis3d 1.1 with a better license.

If that is not possible then we need to wait until the copyright runs out.

[paradoxnj]

Also....after reading your license I would have to ask the question "Why bother having a license?". That is not a license at all. It makes Genesis 3D free public domain code. It helps no one and protects no one's interests.

David Stafford owns complete rights to Genesis 3D and Jet3D. Only he could change the license. To remove the logo ONLY, he is requesting $200. A full license is still $10,000. That is printed in the Genesis 3D forums somewhere. So if you have $200 to spare, you can remove the Genesis Logo.

EDIT: It's $200 to remove to logo payable to David Stafford. Gekido can clear this up if he's reading.

[hgt_terry]

So what does it all mean.

From what i can gather now it would cost $300 to do what ever you wanted with it and $200 to remove the logo is that correct or is genesis now open to all.

If we could pin this down i think genesis3d could have a new lease of life people would be far more interested in developing tools for RF1 and take away the threat of being sued by a company that doesn't exist anymore.

there must be an answer some one most know ????

Terry

[Trougedoor122]

wait, im confused, why are we even talking about genesis3D, and when did you ever have to buy a license for it?

[Allanon]

wait, im confused, why are we even talking about genesis3D, and when did you ever have to buy a license for it?

Genesis3d is the graphics engine used in RF and the Genesis3d license states you must show the Genesis3d logo on programs that use the engine and release all code modification made to the engine. To remove the requirement of showing the logo you need to pay $200 and if you don't want to show the logo and not have to release your engine modifications then you need to pay $10,000. This doesn't affect RF users unless they want to remove the Genesis3d logo from the opening screen.


Edit: Corrected prices

[paradoxnj]

Correction....It's $200 to remove the logo and $10,000 to own a complete license. That price did not change. David only added the removal of the logo. WT prevents him from changing the actual price of a license.

If you guys are worried about the logo, shell out the $200. If you are making modifications to the engine and you don't want to release your source, it's $10,000.

You could always use the Quake 3 engine which is GPL'd. RF2 will be LGPL. LGPL is essentially the same as the Genesis license without the logo. You cannot statically link any libraries, you must release the source to your changes, and the engine does not belong to you.

[bernie]

The problem here is that Equity does NOT use the genesis engine at all it only uses API calls so its not possible to include the animated logo by the look of things unless Terry can get an avi file or an animated gif of the logo playing. Could anyone do that take an avi from the startup?

[Allanon]

If you don't use the engine for graphics then you just need to display the Genesis3d logo bitmap that comes with the engine. And that can be on an opening or about screen. It doesn't have to be displayed all the time. The way that Equity displays the logo now is fine and meets the Genesis3d requirements.

[paradoxnj]

Bernie, you are still using G3D because you are using portions of the API. You are just not using it to render anything.

However....

Allanon is correct...you must prominently display the G3D logo on your packaging and application when not using the graphics API portion of the G3D lib or using G3D for making tools. It is not required to show the animated logo for non-graphical tools.

Just a question....how are you rendering your actors in Equity? Are you using G3D to do that?

[hgt_terry]

No we don’t use G3D we use standard openGL as the renderer for Equity what we do is use the actor API which fills out the structures then from the we take to openGL then Equity then can alter things like texture ext when the user is happy we take the modified structure and save back into the actor what you see on the Screen in Equity is a openGL version of the actor.

It’s our way of getting the info we need like we do when we load a mdl or 3ds obj file it fills out the structures then we use OpenGL to do the rest.

We have tried to give RF1 something it did not have an actor editor and for FREE i can’t believe we have spent so long doing this and to have this problem.

And by the way the API that we do use to fill out the structures is unmodified and freely available in the genesis 1.6 .

Terry