PREFACE

Panda3D's license was meant to be a typical free software license, very similar to the BSD and MIT licenses. However, when we created the license, we made one mistake which classifies the license as not free.

The mistake is this: we put in a clause that says you must give all modifications back to the community. Ie, if you make a change, you can't keep it to yourself - you have to email it back to us. Note that a game developed in Panda3D doesn't count as a modification, only alterations to the Panda3D source code count as modifications.

That may seem like a not-so-bad rule, but Richard Stallman explained to us that this makes it not free software. We, the Panda3D developers, are now planning to change the Panda3D license to make it truly free. Unfortunately, ownership of Panda3D's copyrights are being transferred right now, and until that's done, the license is frozen. It could take quite a while for the transfer to be finished, so the bad clause is in there for the forseeable future.

You have to decide for yourself whether or not the "give modifications back" rule is a deal-breaker. Aside from that clause, the license is a pretty typical free software license, not unlike the BSD license.

However, a further word of caution is in order. Many of Panda3D's functions are provided by third-party software packages (ie, packages that we didn't write). For example, if you play movies in Panda3D, you're using FFMpeg. If you play sound in Panda3D, you're using OpenAL or FMod. If you load JPG files, you're using LibJPEG. All of these are included in the Panda3D download. So if you're using Panda3D, you're probably also using quite a few other software packages as well. You don't just have to abide by Panda3D's license: you also have to abide by the licenses of all the software packages you're using.

Fortunately, most of the third-party packages have licenses that are just as relaxed and permissive as Panda3D's license. However, not all of them. For example, Panda3D provides a choice of sound libraries: OpenAL or FMod. It costs money to use FMod in a commercial game. You need to be aware of this if you are using Panda3D's sound functionality - you may be inadvertently using FMod, you might have to switch to OpenAL if you want to avoid its license limitations.

It is always possible to build a version of Panda3D that omits any of the third-party packages. Doing so will leave you with a copy of Panda3D that lacks the functionality provided by that particular package, but which otherwise works fine.

Because of this, if you are about to start any sort of major development with Panda3D, it would be wise to look at the licenses of the third-party packages that Panda3D uses. Decide which licenses you can comply with, and which you cannot. Then, simply don't use the parts of Panda3D which are provided by packages whose licenses you cannot comply with.

PS. Yes, you can make commercial games. But if you do, you need to strip out those third-party packages that say you can't use them in commercial games. I believe that's FMod, FFTW, and ARToolKit - but of course, you're responsible for checking that yourself. Those three packages are not particularly critical to Panda3D's operation. FMod is a sound library for which an alternative (OpenAL) exists. FFTW is for animation compression which few people use since it's a little jerky. ARToolKit is for "augmented reality" - a truly esoteric function that to my knowledge has not been used in any commercial games.

And thus, on to the license...

IMPORTANT:

READ BEFORE DOWNLOADING, COPYING, INSTALLING OR USING.

ALL USE OF THIS SOFTWARE IS SUBJECT TO THE FOLLOWING TERMS:

PANDA 3D PUBLIC LICENSE VERSION 2.0 AND DOWNLOAD TERMS

1. The accompanying Panda 3D Software and associated documentation files (the "Software") are licensed to you, the recipient of the Software ("You") by Walt Disney Imagineering (the "Licensor") subject to these terms and to the terms of the Panda 3D Public License Version 2.0 and Download Terms (the "License") and You may not use this Software except in compliance with these terms and the terms of the License. See the License for the specific language governing rights and limitations under the License. You may obtain a copy of the License at http://www.panda3d.org/license.txt. YOU ACCEPT AND AGREE TO THE TERMS OF THIS LICENSE IF YOU DOWNLOAD, INSTALL, USE, COPY, MODIFY OR DISTRIBUTE THE SOFTWARE OR ANY DERIVATIVE VERSIONS OF THE SOFTWARE.. IF YOU DO NOT AGREE TO THIS LICENSE, YOU MAY NOT DOWNLOAD, INSTALL, USE, COPY, MODIFY OR DISTRIBUTE THE SOFTWARE OR ANY DERIVATIVE VERSIONS OF THE SOFTWARE.

2. Licensor hereby grants to any person obtaining a copy of the Software a nonexclusive license to use, copy, modify, merge, publish, distribute, and/or sublicense copies of the Software, and to permit persons to whom the Software is furnished to do so, on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. subject to these terms and the License.

3. All copies made of the Software source code must retain the following copyright notice and a copy of this License with these terms and disclaimers in a conspicuous location in the Software. Copies made of the Software in binary form or redistribution of this Software in binary form must reproduce the following copyright notice and this License with these terms and disclaimers in a conspicuous location in the Software and the documentation and/or other materials provided with the distribution of the Software.

PANDA 3D SOFTWARE

Copyright © 2000-2005, Disney Enterprises, Inc. All rights reserved

4. Any modifications which You create or which You contribute to the Software are governed by these terms and the License. A modification is any change, deletion or addition made to the Software code. The source code version of the Software may be distributed only under these terms and the License or a future version of the License released by Licensor, and You must include a copy of these terms with every copy of the source code or Software that You distribute. You may not offer or impose any terms on any source code version that alters or restricts the applicable version of these terms or the License. In addition, You must identify Yourself as the originator of the modifications You made to the Software, if any, in a manner that reasonably allows subsequent recipients to identify You as the originator of the modifications. Further You must cause the Software to contain a file documenting the changes You made to create the modifications and the date of any change. You must include a prominent statement describing the modifications made to the Software. An electronic copy of the source code for major modifications that You make to the Software should be forwarded to Licensor at Panda.Project@Disney.com as soon as the modifications are significant or stable enough for Licensor’s evaluation for possible future distribution. Alternatively, you may notify Licensor of a location from which the modifications are available and may be downloaded by Licensor at Licensor’s election.

5. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR ANY WEB SITE THAT MAKES SUCH SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

6. IN NO EVENT, INCLUDING BUT NOT LIMITED TO INCLUDING NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF GOODWILL; LOSS OF USE, DATA, OR PROFITS; WORK STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF, OR THE INABILITY TO USE, THIS SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

7. The names "Walt Disney Imagineering" or "Disney" may not be used to endorse or promote this Software or any products derived from this Software and may not be used in any advertising, publicity or promotion or other disclosures, or to express or imply any endorsement of anyone's products or services, or in any manner or for any purpose whatsoever without specific prior written permission from Licensor.

8. Licensor may publish new versions (including revisions) of the Software and License from time to time. Each new version of the License will be given a distinguishing version number and will be available at http://www.panda3d.org/license.txt. You accept and agree to the terms of any new published version of the License by your downloading, using, reproduction, modification or distribution of a new version of the Software. If new versions of the License are published, You may continue to use prior versions of the Software under the terms of the original License you downloaded with the Software. You may also choose to use a prior version of the Software under the terms of any subsequent License. Only Licensor may alter or modify the terms of the License.

9. The License and the rights to use the Software granted hereunder will terminate automatically if You fail to comply with the License or the terms herein and You fail to cure such breach within 30 days of becoming aware of the breach. All licenses to copies of the Software that you have properly distributed pursuant to the terms of the License shall survive any termination of the License. Provisions which, by their nature, must remain in effect beyond the termination of the License shall survive such termination.

10. The Software is subject to United States export controls. The Software may not be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

11. The Software and the License shall be governed by California law, excluding its conflict-of-law provisions or by the laws of the United States, as applicable. State law provisions may not apply to certain Federal government entities. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

Copyright © 2000-2005, Disney Enterprises, Inc. All Rights Reserved.