Commercial License

PLUPLOAD COMMERCIAL LICENSE (Single)
November 2018

Copyright (C) 2018 Ephox Corporation dba Tiny Technologies, Inc., this agreement may be copied and must be distributed with a commercial copy of Plupload, changes to this document are not permitted.

This license agreement is a legal agreement between you ("Licensee") (either an individual or a single entity) and Ephox Corporation dba Tiny Technologies, Inc. ("Tiny") for the software product Plupload which includes computer software and electronic documentation (collectively the "Software").

This license supersedes AGPLv3.

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 AGPLv3 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, Tiny 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 remove any Tiny copyright notices, logos or brand related texts.

c) Licensee is allowed to modify the Software without contributing back to the Open Source project.

d) Licensee are granted these rights for one (1) website/domain, excluding development or testing setups.

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.

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.

d) Use the Software in a Software-as-a-Service application. Software-as-a-Service is an application that is provided in a hosted environment and provided to users via the Internet or a private network.

3. Termination

This License Agreement is effective until terminated. Tiny 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 herein are exclusively owned by Tiny and are protected by copyright, trademark and trade secret law and international treaties. Tiny 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/)

b) The Independent JPEG Group's JPEG software (IJG.txt)

c) Java Advanced Imaging IO by Sun Microsystems (JAI.txt)

d) PngEncoder (http://www.gnu.org/licenses/lgpl-2.1.txt)

e) ipLib (http://www.icsharpcode.net/OpenSource/SharpipLib/)

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.

6. Privacy

6.1 Privacy Policy

TinyÕs Privacy Policy is detailed on the Tiny website at https://about.tiny.cloud/legal/privacy/https://www.tiny.cloud/legal/privacy.

6.2 EU Data Protection Directives

Tiny represents and warrants that it will comply with the principles of the European Union Data Protection Directive 95/46, the General Data Protection Regulations (GDPR) and the Telecoms Data Protection Directive as amended (Òthe DirectivesÓ) and any successor legislation, in relation to any Òpersonal dataÓ received by or originating from the Licensee.  Licensee grants Tiny permission to place session cookies on their computer for the duration of any session.  Tiny will not place residual cookies on a LicenseeÕs computer.  Licensee hereby warrants that it is aware of regional and national data privacy laws and regulations and will comply with all such laws in the use of Tiny Software and Services.  In particular, Licensee warrants that it will not use Tiny Software and Services in violation of any data privacy laws in the United States, Europe or elsewhere in the world.  Licensee hereby represents that it will make this warranty as long as this Agreement is in force.

Tiny collects Òpersonal dataÓ only for the purpose of identifying users, Licensees and Customers of its websites, Software and Services. Persons with qualifying personal data may request the deletion of such data in accordance with the provisions of the GDPR and other relevant legislation. Such requests shall be directed to legal@tiny.cloud.

7. Limited Warranty

Software is provided "AS IS". You exclusive remedy and Tiny's entire liability under this limited warranty will be a Tiny's option to replace Software or refund the fee paid for the Software.

8. 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.

9. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TINY 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 TINY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will Tiny'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.

10. Governing Law

Any actions related to this agreement will be governed by California Law, no choice of law rules of any jurisdiction will apply.

11. Entire Agreement

This License agreement constitutes the entire agreement between Licensee and Tiny 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.

12. US Export Restrictions

The Licensed Software is subject to certain export restrictions of the United States Government. If Licensee or Licensees Customers are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then Licensee may not install, download, access, use, or license the Licensed Software. By entering into this Agreement, Licensee warrant and represent to Tiny that (1) Licensee do not match the criteria set forth in (a), (b), or (c) above, (2) that Licensee will not export or re-export the Licensed Software to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied Licensees export privileges.

Version: 2018-11-01