PLUPLOAD COMMERCIAL LICENSE (OEM)
V1, February 2010
Copyright (C) 2010 Moxiecode Systems AB, this agreement may be
copied and distributed only with a commercial copy of Plupload,
changes in this document is not permitted.
This license agreement is a legal agreement between you
("Licensee") (either an individual or a single entity) and
Moxiecode Systems AB ("Moxiecode") for the software product
Plupload which includes computer software and electronic
documentation (collectively the "Software").
This license supersedes GPLv2.
This license is valid only if Licensee has completed payment.
By installing, copying or otherwise using the Software, you
agree and to be bound by the terms of this License agreement,
otherwise you are bound by the GPLv2 License. You are also
bound by any library licenses as explained in paragraph 5.
1. Using the Software
If Licensee has purchased a license for the Software, subject
to the terms and conditions of this Agreement, Moxiecode grants
Licensee, a limited, non-exclusive, non-transferable license to
install or include the Software in your own software and use
that copy of the Software only in accordance with this agreement.
a) Licensee may use the Software to operate in conjunction with
other commercial software.
b) Licensee is allowed to resell or redistribute the software as
part of another product or service owned or operated by
Licensee.
c) Licensee is allowed to remove any Moxiecode copyright notices,
logos or brand related texts.
d) Licensee is allowed to modify the Software without contributing
back to the Open Source project.
e) Licensee are granted these rights for any number of websites
owned, operated, serviced or supported by the Licensee.
2. Restrictions
Licensee may not:
a) Sell or distribute the Software completely standalone, it may
only be distributed or sold together with Licensee commercial
software or services.
b) Compete with the Open Source version of the software, for
example by creating a new Open Source branch using the
commercial version.
c) Market the Software separately from Licensee owned products or
services as their own creation.
3. Termination
This License Agreement is effective until terminated. Moxiecode
may terminate this License Agreement if Licensee fails to comply
with the terms and conditions. In such event, Licensee must
destroy all copies of the Software and all of its component
parts.
4. Ownership
The Software is licensed, not sold. The License agreement gives
Licensee limited rights to use the Software. All rights, title
and interest, including all copyrights, in and to the Software
and any copies Licensee is permitted to make herin are exclusively
owned by Moxiecode and are protected by copyright, trademark and
trade secret law and international treaties. Moxiecode retains
all rights not expressly granted to Licensee in this License
agreement.
5. Library License Reference
Plupload includes 3rd Party components that have their own license
documents, please review all documentation.
The Silverlight component uses the following library licenses.
a) FJCore (MIT License) (http://code.google.com/p/fjcore/)
The Independent JPEG Group's JPEG software (IJG.txt)
Java Advanced Imaging IO by Sun Microsystems (JAI.txt)
d) PngEncoder (http://www.gnu.org/licenses/lgpl-2.1.txt)
e) ZipLib (http://www.icsharpcode.net/OpenSource/SharpZipLib/)
You can view these license details when you unpack the software,
in the following folder:
src/csharp/Plupload/FJCore
src/csharp/Plupload/PngEncoder
All these licenses are "Free to use in almost any way" type of
licenses.
If you for some reason cannot accept these 3rd Party licenses
you can remove the Silverlight part of the Software and continue
to use the Software with other runtimes.
5. Limited Warranty
Software is provided "AS IS". You exclusive remedy and Moxiecode's
entire liability under this limited warranty will be a Moxiecode's
option to replace Software or refund the fee paid for the
Software.
6. DISCLAIMER OF WARRANTY
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT
THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOXIECODE
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF
MOXIECODE HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will Moxiecode's liability to you, whether in
contract, tort (including negligence), or otherwise, exceed
the amount paid by you for Software under this Agreement. The
foregoing limitations will apply even if the above stated
warranty fails of its essential purpose.
8. Governing Law
Any actions related to this agreement will be governed by
Swedish law, no choice of law rules of any jurisdiction will
apply.
9. Entire Agreement
This License agreement constitutes the entire agreement between
Licensee and Moxiecode and supersedes any other prior agreement
or understandings, whether oral or written, regarding the
Software. If a provision of this agreement is deemed null and
void, invalid or without effect, the remainder of the
agreement shall remain in effect.