License

These terms and conditions apply for use of the Adaptive Images add-on for Optimizely, "the Software".

Summary

The Software can be used without a license for trial, evaluation, and training purposes.

A commercial license is required before deployment to a production environment.

Terms

License agreement

For commercial use, the customer must have signed a valid License and Service Agreement ("Agreement").

The Agreement is considered valid for periods for which payment has been made in full according to the terms defined therein.

Licensor has the right to terminate the Agreement upon any material breach by Licensee.

The Agreement offers a limited non-exclusive right to use the Software in accordance with the terms of the Agreement.

The Licensor remains the sole owner of the Software including its name and source code.

Warranty

The Software is subject to a limited warranty for periods for which a valid Agreement applies.

Licensor warrants to Licensee that the Software will perform according to its documentation.

Licensor warrants that any critical deficiencies, that prevent the Software from performing according to its documentation, shall be corrected as quickly as possible by the Licensor. Such corrections shall be made available to the Licensee in the form of NuGet packages.

Licensee is only entitled to Software updates and corrections during periods for which a valid Agreement applies.

Governance

The Licensee accepts that the Software may transmit information about the Software, including its version and site hostnames, to the Licensor for the purpose of ensuring compliance with licensing terms.

Disputes

Licensing terms and the Agreement are governed by Swedish law. The Licensee's total and aggregate liability under these terms and Agreement shall be limited to the fees paid by the Licensee to the Licensor in the 12-month period immediately preceding the date of claim.

Third-party components

Croppie

Croppie is a client-side only software used for user interface components related to manual cropping of images.

Below are its licensing terms:

Copyright (c) 2015 Foliotek Inc
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Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Definitions

"Licensor"

The developer and owner of the Software.

"Licensee"

Party who makes use of the Software, i.e. the owner of the application or website to which the Software has been added.

"Using the software"

Installing one or more applicable NuGet packages to source code.

"License"

A valid License and Service Agreement with details around scope and limitations of the Licensee's rights to use the Software.

"Site"

A single site definition within an Optimizely CMS and/or Commerce installation.