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.