#ImageResizer Professional Client License v2.0 ## Summary - For Clients This license allows limited use of the ImageResizer plugins which you have received as part of a custom software solution from the Provider. This license only permits as-is usage of the software and modification of configuration values. These plugins are frequently distributed as DLLs, and are usually named ImageResizer.Plugins.[PluginName].dll or ImageResizer.[Name].dll. As dlls can be renamed or combined, the lack of DLLs matching this pattern does not guarantee that you are not using ImageResizer plugins. For this license to be valid, the Provider of your software must have a valid OEM or Enterprise license for the software you have received, and you must be a client of the Provider (not an anonymous or 'free' user of their software). Also, except for OEM Providers, you may only get this license as part of a custom, bespoke software development contract with the Provider. See http://imageresizing.net/licenses/proclient for the latest version of this license. You may choose to either abide by the latest version of the license, or the version you were given by the Provider, if they provided a valid version. You can purchase a full license at http://imageresizing.net/ for a very reasonable cost, which frees you from the restrictions contained in this license. ## Summary - For Providers As a holder of an Enterprise or OEM license, you may redistribute ImageResizer (as part of a larger software project) to a paying Client, along with this license. This permits a developer or business to integrate ImageResizer on behalf of a Client, without the need for the client to purchase an additional license. The developer may provide both source code and binaries to the Client. The Provider must include a plain-text copy of this license with the Project provided to the client, and should also communicate to the client the restrictions inherent in this license. The Provider must also include a copy of the Apache 2 license, which applies to a subset of the Software. This license is very restrictive, but the Client can always purchase a full license at http://imageresizing.net/ for a very reasonable fee if the Client needs to perform in-house development with the Software. The Client may also use the software indefinitely for testing purposes under the Trial license. ## License summary | Recipients Can | Recipients Cannot | Providers Must | |----------------------|--------------------------------------------------------------------|-----------------------------------------------------------| | ✓ Commercial Use | ✗ Hold Liable | Include Copyright(s) | | ✓ Private Use | ✗ Use Trademark | Include License(s) | | ✓ Use Patent Claims | ✗ Resell usage (see [SaaS][saas] license) | State Changes | | | ✗ Redistribute (see [OEM][oem] or [Enterprise][enterprise] license)| Include Notice(s) | | | ✗ Sublicense | Preserve upgradeability and expandability of the software | | | ✗ Modify | | Unlike the license terms below, content above this sentence is not legally binding, and is only provided for informational purposes. ## Professional Client License *Version 2.0, March 2015* *Copyright © 2015 Imazen LLC* ## Terms and Conditions for use, reproduction, and distribution #### Terms and Conditions for use, reproduction, and distribution ### 1. Definitions * "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by this document. * "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License (Imazen LLC). * "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. * "Larger Project" shall mean any work, whether in Object or Source form, which includes the Licensor's Work or Derivative Works. * "Purchaser" shall mean the individual or Legal Entity designated as the owner on the purchase reciept (for the Licensor’s product which permits this redistribution). * "Provider" shall mean a Purchaser which is (i) distributing the Work and/or Derivative Works as part of a Larger Project, (ii) is complying with the license terms, and whose license has not been revoked, and (iii) has followed the redistribution requirements and restrictions. * "Client" shall mean an individal or Legal Entity who has received the Work or Derivative Works from a Provider under the terms of this License. * "Employee" shall mean an employee or independent contractor under the active employ of the Client. * "You" (or "Your") shall mean the Client or an Employee of the Client. * "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. * "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. * "Work" (or "Licensor's Work", or "Licensed Work") shall mean the work of authorship, whether in Source or Object form, made available under the License to You. * "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. * "Software" shall mean the Licensor’s work or Derivative Works or both. * "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to the Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." * "Contributor" shall mean the Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by the Licensor and subsequently incorporated within the Work. ### 2. How you should receive this license You, the Client, should be receiving a copy of this license from a Provider who has purhcased an OEM or Enterprise license from the Licensor. You should also recieve copies of alternate licenses, licenses which only apply to portions of the Software, and copyright notices. If the Provider purchased an OEM license, you should be recieving the Software *only* as part of a Larger Project that you have purchased from the Provider, and which is specifically included an a scope agreement between the Provider and Licensor. Proof of the Client’s transaction with the Provider must exist. If the Provider does not have an OEM license, but holds an Enterprise license, You should be recieving the Software *only* as part of a custom, bespoke software project that the Provider has developed for You, the Client. Proof of the contracting relationship and of exchange of payment between the Client and the Provider must exist. Under no condition may the Client be anonymous to the Provider, nor may the Provider publish software which both includes the Software and competes with the Licensor’s Software or other software previously published by the Licensor. It is the responsibility of the Provider to communicate the restrictions of this license to the Client, and to describe the situations that would require the Client to purchase a license from the Licensor. The Provider must preserve the upgradeability and expandability of the Software. If you suspect that you have received this license in error, or that that the Provider has misunderstood this license, please contact for assistance. ### 3. Nature of License. This license is perpetual, and cannot be transferred. This license is royalty-free. This license can be revoked under any of the following conditions 1. If the terms of this License are violated by the Client or an Employee of the Client. 2. If the Licensor determines that the intention of the license has been violated. 3. If the Licensor determines that the rights granted in this license have been exercised for harmful purposes. 4. If the license agreement between the Licensor and the Provider is violated, or if that license is revoked. 5. If the Provider does not hold a valid license which permits redistribution. The Licensor is not required to contact you before revoking your license, nor is the Licensor obliged to provide any compensation if your license is revoked. Examples of an abuse that may trigger a license revocation: * Reselling usage of the software (See [SaaS license][saas]). * Using the Work outside of the Larger Project, or modifying the integration of the Work and the Larger Project (without purchasing a license). * Distributing modifications that are harmful to users, the community, or the Licensor ### 4. Grant of Usage Rights. Subject to the restrictions within the License, * You are granted the right to use the Software on an unlimited number of physical or virtual machines operated AND either owned, rented, or licensed by You or the Purchaser. * You are granted the right to use the Software on an unlimited number of hosting accounts or hosting services as long as those accounts and services are paid for by You or the Purchaser. * You are granted the right to modify configuration settings related to the Software. This License does NOT permit * Using the Software except as part of the Larger Project provided by the Provider. * Modifying the way in which the Software is integrated with the Larger Project. * Using or integrating the Software with another project or web site. * Extracting the Software from the Larger Project. * Redistributing the Software. * Modifying the Software. * Installation for use by other parties. For example, this DOES NOT grant a hosting provider the right to install the software for customer use unless that customer has purchased a license separately. * Reselling hosted usage of the software (Software as a Service). Nearly all of these restrictions can be lifted if you purchase the appropriate license from the Licensor (http://imageresizing.net/licenses), such as a Domain, enterprise-wide, SaaS, or OEM license. The restrictions contained within this license shall not prohibit you from exercising rights granted by a different license. For example, you may choose to use Apache 2-licensed portions of the work under the terms of the Apache 2 license, and modify and redistribute those portions as permitted by the Apache 2 license agreement. ### 5. Grant of Patent License. For the purposes of this section, "Infringed Claims" shall mean all patent claims licensable by the Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to their Infringed Claims. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. ### 6. Submission of Contributions. Unless You explicitly state otherwise, by submitting any Contribution to the Licensor for inclusion in the Work, you grant the Licensor a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sub-license, and distribute the Work and such Derivative Works in Source or Object form. In addition, unless You explicitly state otherwise, any Contribution submitted for inclusion in the Work by You to the Licensor shall be implicitly released by You under the terms and conditions of the [Imazen Contributor Agreement](http://imageresizing.net/licenses/contribute) AND (if applicable) the [Imazen Software Grant and Corporate Contributor License Agreement](http://imageresizing.net/licences/contribute-corp), without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with the Licensor regarding such Contributions. ### 7. Marketing. By receiving a license, you may be eligible to recieve e-mail notification of important version releases, announcements, and security notices. You may opt out of these at any time using the unsubscribe link included in each e-mail. We also reserve the right to list you as a client or user of the software, and use your logo for promotional purposes, unless you explicitly opt-out via an e-mail to support@imageresizing.net. ### 8. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. ### 9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, the Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. ### 10. Limitation of liability In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. http://imageresizing.net/licenses/freedom "Resizer Freedom License" http://imageresizing.net/licenses/trial "Resizer Trial License" http://imageresizing.net/licenses/pro "Resizer Professional License" http://imageresizing.net/licenses/proclient "Resizer Professional Client License" http://imageresizing.net/licenses/enterprise "Resizer Enterprise License" http://imageresizing.net/licenses/oem "ImageResizer OEM License" http://imageresizing.net/licenses/saas "Imazen SaaS License" http://imageresizing.net/licenses/domain "Imazen Domain License" http://imageresizing.net/licenses/apache "Apache License" http://imageresizing.net/licenses/agpl "GNU Affero General Public License"