Imazen Redistribution Recipient License v1.1

Imazen Redistribution Recipient License v1.1

Version 1.1, January 14, 2025
Copyright © 2025 Imazen LLC

Summary

You have received certain Imazen Software (“Software”) from a Provider who has a valid subscription under either the Imazen Site-wide Subscription License or the Imazen Redistributor Agreement. This License grants you limited rights to use the Software solely as bundled within a Larger Project that the Provider has delivered to you. You may not extract, redistribute, or modify the Software except as expressly permitted by this License.

If you need broader or perpetual rights beyond what this License allows—such as the right to use the Software in other projects or to modify its integration—please obtain your own license key from Imazen or comply with the terms of the AGPLv3 where applicable.

1. Definitions

  1. “Licensor” shall mean Imazen LLC, the copyright owner or entity authorized by the copyright owner that is granting this License.

  2. “Provider” shall mean an individual or Legal Entity that has lawfully acquired the right to redistribute the Software under the Imazen Site-wide Subscription License or the Imazen Redistributor Agreement, and whose subscription and redistribution rights have not been revoked.

  3. “Client” shall mean the specific individual or Legal Entity receiving the Software, in Object or Source form, as part of a Larger Project provided by the Provider.

  4. “Employee” shall mean an employee or independent contractor under the active employ of the Client.

  5. “You” (or “Your”) shall mean the Client or an Employee of the Client.

  6. “Larger Project” shall mean any custom or turnkey software solution delivered to the Client by the Provider, which includes the Software.

  7. “Software” or “Work” shall mean Imageflow, ImageResizer, or other Imazen software components, in any form (Source or Object), plus any Derivative Works thereof provided by the Provider.

  8. “Subscription Term” shall mean the time span for which the Provider’s subscription with the Licensor remains active. If the Provider’s subscription is revoked, terminated, or otherwise invalidated, any sublicenses granted to You under this License also terminate immediately.

  9. “License” shall mean these “Terms and Conditions for use, reproduction, and distribution,” known as the Imazen Redistribution Recipient License v1.1.

2. How You Should Receive This License

You, the Client, are receiving this Software from a Provider who holds valid rights under either:

• The Imazen Site-wide Subscription License, if you are receiving bespoke custom software development.
• The Imazen Redistributor Agreement, if you are receiving turnkey or packaged software.

The Provider must include a copy of this License with the Larger Project. The Provider must also include any additional required notices, such as the Apache License 2.0 for components distributed under Apache 2, and any relevant third-party licenses.

If the Provider’s subscription ends, is revoked, or if the Provider violates their agreement with Licensor, your rights under this License also end immediately.

3. Nature of License

• This License is non-transferable and lasts only as long as the Provider maintains a valid subscription with the Licensor.
• This License is royalty-free to You.
• Your rights to use the Software under this License end automatically if:

  1. The Provider’s subscription to Imazen is revoked or otherwise terminated.
  2. The Provider’s right to redistribute is revoked by Imazen.
  3. You or the Provider violate the terms of this License or other applicable Imazen agreements.
  4. The Licensor determines that the rights granted have been exercised for harmful purposes.

The Licensor is not required to contact you before revoking your rights and is not obligated to provide any refund, compensation, or other remedy upon termination.

4. Grant of Usage Rights

Subject to the terms of this License and as long as the Provider’s subscription remains active:

  1. You may install and use the Software as part of the Larger Project on an unlimited number of physical or virtual machines operated by You or for Your sole benefit.
  2. You may modify configuration settings that the Provider intended for you to modify, if such modifications do not involve disassembling or altering how the Software is integrated.
  3. You may not reverse engineer, extract, or incorporate the Software into other projects, publish it, or redistribute it outside the Larger Project delivered to you.
  4. You may not remove or circumvent any license key validation or enforcement.
  5. You may not resell or sub-license rights to the Software apart from the Larger Project.
  6. You may not continue using the Software if the Provider’s subscription to Imazen is no longer valid or if your relationship, or the Larger Project’s compliance with these terms, is otherwise terminated.

5. Prohibited Actions and Further Licensing

  1. Modifications: Unless otherwise stated above, you are not permitted to create Derivative Works or make any modifications to the Software itself. Only the Provider, under their subscription, may have certain modification rights.
  2. Redistribution: You may not redistribute or sub-license the Software, or use it as a basis for your own software product.
  3. SaaS/Hosting for Others: You may not provide hosting or software-as-a-service usage of the Software to third parties unless the Provider’s license specifically allows it, and the Provider has authorized the Larger Project for that usage.
  4. Separate License: If you wish to use the Software in additional ways—outside the scope of the original Larger Project, or after the Provider’s license has ended—you must obtain your own license from Imazen or comply with a valid open source alternative (such as AGPLv3, if applicable).

6. Disclaimer of Warranty

Unless required by applicable law or agreed to in writing:

• The Software is provided on an “AS IS” basis, without warranties or conditions of any kind, express or implied, including, without limitation, warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
• You assume any risks associated with your exercise of permissions under this License.

7. Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor or any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages arising as a result of this License or out of the use or inability to use the Software, even if the Licensor has been advised of such possibility.

8. Patent License

For the purposes of this section, “Infringed Claims” shall mean all patent claims licensable by a Contributor that are necessarily infringed by that Contributor’s contribution(s) alone or by combination of their contribution(s) with the Software to which such contribution(s) was submitted. Subject to the terms and conditions of this License, each Contributor hereby grants to You a worldwide, non-exclusive, no-charge, royalty-free patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Software. If You institute patent litigation, any patent licenses granted to You under this License for the Software shall terminate as of the date such litigation is filed.

9. Privacy Policy and Marketing

  1. Privacy: Your use of the Software is subject to Imazen’s Privacy Policy and may be subject to the Provider’s privacy policy.
  2. Marketing: The Licensor reserves the right to list its customers and end-users, including recipients of the Software, for promotional purposes unless you or the Provider have opted out according to the terms in the Subscription Terms.

10. Additional Terms

Your usage of the Software may be subject to additional or alternate licenses for specific components (i.e., third-party libraries under the Apache License 2.0 or other open-source licenses). You agree to abide by those licenses as well.

11. Preservation of Extensibility and Upgradeability

The Provider has a contractual obligation to preserve the extensibility and upgradeability of the Software within the Larger Project. You may not intentionally remove or block upgrade paths to the Software unless you hold a separate license from Imazen that allows such modifications.

12. Termination and Contact

If you have questions or concerns about this License or wish to report a violation, please contact:

• Email: support@imazen.io
• Mailing Address:
Imazen LLC
2093 PHILADELPHIA PIKE #1555
CLAYMONT, DE 19703

Termination of this License occurs automatically if you violate these terms or if the Provider’s rights end for any reason. Upon termination, you must discontinue use of the Software.

References

• Subscription Terms (including license revocation conditions)
• Subscription Privacy Policy
• AGPLv3 (Open Source License Option)
• Apache License 2.0 (Applies to some components)

By using the Software as provided by the Provider, you accept the terms of this Imazen Redistribution Recipient License v1.1.