Imazen SaaS License v1.0

SaaS licenses can now be purchased without a support contract - click here to purchase.

The OEM and SaaS licenses were included with an OEM, Silver, or Gold support contract. These contracts also include an Enterprise license, which includes certain redistribution rights. The Imazen SaaS License does not grant redistribution rights, as it specifically grants the SaaS usage rights not permitted under the OEM and Enterprise licenses.

This is not the only license available. We offer enterprise-wide, domain, and OEM licenses for immediate purchase. ImageResizer V4 and later may also be used under the terms of the AGPL 3.0. Portions of ImageResizer V4 may be used under the terms of the Apache License 2.0. For development and testing, you may use the software under the terms of the Trial license.

Summary

This license permits use of ImageResizer plugins as part of a SaaS product.

All other ImageResizer licenses specifically exclude SaaS usage.

To be valid, this license must be combined with a scope agreement, which may restrict use to a particular service or product, and will specify which plugins and plugin versions are included.

Design and approval of a scope agreement is completely at our discretion. Please contact [email protected] to discuss your specific scope needs prior to checkout.

Examples of scenarios requiring this license:

Offering a hosted blog or CMS service which uses ImageResizer to process customer assets.
Offering a real estate or rental listing service.
Offering a media asset management or image hosting service.
Offering a SaaS product in which any customer-provided images are processed by ImageResizer, or in which any ImageResizer-served images are provided over a customer domain.

Conditions under which you do not need this license:

Access to to all images, and the management (uploading, editing, removal) thereof is provided equally to all non-administrative users, and your service does not offer any paid services or subscriptions, and does not display third-party advertising.
You are able to comply with the conditions of the AGPL 3.0, and provide the public with access to the complete source code for your service under AGPL 3.0 acceptable terms (which includes MIT and Apache 2 source licensing).

Can	Cannot	Must
✓ Commercial Use	✗ Hold Liable	Include Copyright(s)
✓ Private Use	✗ Use Trademark	Include License(s)
✓ Use Patent Claims	✗ Redistribute	State Changes
✓ Place Warranty	✗ Sublicense	Include Notice(s)
✓ Modify		Preserve upgradeability and expandability of the software
✓ Resell usage

Example Scope Agreement

To be valid, this license must be combined with a scope agreement, which may restrict resale to a particular application line or category, and will specify which plugins and plugin versions are included.

Design and approval of a scope agreement is completely at our discretion. Please contact [email protected] to discuss your specific scope needs prior to checkout.

This SaaS License is granted to "Fictional Acme Corporation" under the following Scope Agreement:

SaaS Scope Agreement between Fictional Acme Corporation and Imazen LLC

1. Major releases of the Work will be included as long as the support 
   contract remains active. New software present in major releases may
   require a newer revision of the SaaS license to be used. Any subsequent minor updates to an included major release are automatically included.

2. This SaaS License only permits use as part of the
   "Fictional Acme Widget Service".

3. The Work covered by this license includes all ImageResizer plugins 
   offered by Imazen LLC which are also available under the terms of the
   Enterprise license.

Unlike the license terms below, content above this sentence is not legally binding, and is only provided for informational purposes.

Imazen SaaS License

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 Sections 1 through 6 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"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.
"Purchaser" shall mean the individual or Legal Entity designated as the owner on the purchase reciept for the product being provided to You under this License.
"Employee" shall mean an employee or independent contractor under the active employ of the Purchaser.
"You" (or "Your") shall mean the Purchaser or an Employee of the Purchaser.
"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" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"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 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 Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of use and modification rights.

You may modify the Work and prepare Derivative Works, subject the terms and conditions of this License and the restrictions which follow:

You must cause any modified files to carry prominent notices stating that You changed the files.
You must retain, in the Source form of any Derivative Works, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works.
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works and any copies of the Work must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear.

Within the scope of usage permitted in the established Scope Agreement, and subject to the terms and conditions of this License:

You may make use of the Software available to others via a network protocol.
You may 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 may use the Software on an unlimited number of hosting accounts or hosting services as long as those accounts and services are paid for by the Purchaser.
You may may integrate and/or link to the Software from an unlimited number of projects.

This License is only valid when combined with a Scope Agreement approved by Imazen LLC. This License grants you no rights to the copyrighted Work unless a Scope Agreement has been approved.

The restrictions contained within this license shall not prevent 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.

3. 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.

4. 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 AND (if applicable) the Imazen Software Grant and Corporate Contributor License Agreement, 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.

5. Marketing.

By purchasing a license, you automatically opt-in to receiving notices 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 [email protected].

6. 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.

7. Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, 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 the Work and assume any risks associated with Your exercise of permissions under this License.

8. 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.

9. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.