BY TICKING ON THIS      CHECKBOX, DOWNLOADING AND INSTALLING AJAX-ZOOM SOFTWARE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE LICENSE AGREEMENT AND IT'S TERMS AND CONDITIONS BELOW.

In order to avoid frustration and save time please take a look at the "How to install" section.

If You would like to test AJAX-ZOOM with high resolution images prior to purchase You can receive the "Partner License" free of charge. Contact the support to get the License Key for Your internet domain by giving the URL to the working demo or implementation of AJAX-ZOOM on Your server.

License Agreement

Copyright © 2009-2010, Vadim Jacobi, All rights reserved.

Date: 2010-02-10

Version: >= 1.1

This License Agreement is a legal agreement between You ("You", "Developer" or "Customer") and Vadim Jacobi ("Licensor" or "We"), owner of the AJAX-ZOOM software. By downloading, installing, copying, or otherwise using the AJAX-ZOOM software ("AJAX-ZOOM software", "AJAX-ZOOM" or "work"), You agree to be bound by the terms of this License Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL OR USE AJAX-ZOOM SOFTWARE.

1. Terms and Conditions of Use

Subject to the terms and conditions of this License Agreement, Licensor hereby grants You a limited, non-transferable, non-sublicensable, non-exclusive right to use AJAX-ZOOM software on your website - conditionally as stated below:

1.1 Non-commercial, personal use

If You want to use AJAX-ZOOM on a non-commercial and personal website, e.g. for your family's photo album, You can use the "demo" version of AJAX-ZOOM free of charge. No further permission from Licensor is required.

1.2 Demonstrational purpose

If You want to demonstrate the usability of AJAX-ZOOM on your commercial or non-commercial website, e.g. a blog dedicated to software or your web development company's website, You can use AJAX-ZOOM "demo" version free of charge. Written permission from Licensor is required when using on commercial website. You can also apply for a "partner" license code, which is also free of charge!

1.3 Commercial use

If You a going to use AJAX-ZOOM on a commercial or any company's website You must pay a fee for Commercial License. You are hereby permitted, strongly encouraged and advised to try AJAX-ZOOM software before purchasing! This means You can integrate and test AJAX-ZOOM "demo" version on a commercial website for a period not longer than 30 days.

1.4 Definition commercial use

• A commercial website is a website which already generates cash flow or which purpose it is to generate revenue or cash flow in the future.
• A private or personal website selling commercials, e.g. "Google AdSense", banners or any other type of advertising is regarded as commercial.
• Any registered company or freelancer website is regarded as commercial even if it doesn't sell anything on their website and just promotes it's business.
• Non-profit organization's website is generally regarded as commercial. Non-profit organizations can however apply for a free License or get a discount.

2. Redistribution & Adaptation

You may not sell, redistribute or offer for download AJAX-ZOOM Software in any form and in any medium, whether modified or original, for profit or not, unless You are software developer and fulfill all requirements listed below:

2.1 Complete Software Packages

You are allowed and encouraged to distribute and adapt AJAX-ZOOM with freely available or commercial, fully-fledged software packages, e.g. content management system, blog or webshop, provided that You fulfill the following conditions:

• You are the author of this software package.
• Your software package is not a plugin or extension.
• You emphasize that AJAX-ZOOM is not free for commercial use.
• You provide a backlink to www.ajax-zoom.com in appropriate location.
• You notify us about your action and receive written permission.

A complete software package is defined as a software, that can be used on its own and that can make the whole website.

2.2 Plugins / Extensions

You are allowed and encouraged to distribute and adapt AJAX-ZOOM to any freely available or commercial software packages in form of a plugin or extension, given that You fulfill the following conditions:

• Your plugin is not commercial and can be freely downloaded and used by anyone, whether commercially or not.
• You must emphasize that AJAX-ZOOM is not free for commercial use. You must do this on your download page and when the user activates AJAX-ZOOM plugin.
• You provide backlinks to www.ajax-zoom.com in the same locations.
• You notify us about your action, provide us with a entire source code and receive written permission.
• You grant us the right to redestribute your work over this website with or without modifications of the sourcecode too.

To avoid any doubts: You are not allowed to make a plugin for, e.g. a popular CMS and sell it with AJAX-ZOOM or any parts of it included in your package. You are however strongly encouraged to develop a plugin and put it e.g. in the extension repository for free, provided the above conditions are also fulfilled.

3. Further Agreements

3.1 Source code

You may not modify, remove, reverse engineer or attempt to discover the source code of files, that are obfuscated, packed or otherwise protected, in particular axZm.class.php and jquery.axZm.js files. You may not remove, alter or destroy any proprietary, trademark or copyright notices placed on or contained in the AJAX-ZOOM Software.

3.2 Application Service Provider

Under any circumstances You may use AJAX-ZOOM Software to act as application service provider (ASP), whether for profit or not.

3.3 Updates, Upgrades, Support

Licensor can, but is not obligated to provide updates, upgrades or any support of AJAX-ZOOM software during the term of this License Agreement.

3.4 Termination

This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. In the event of termination You shall cease all use of the AJAX-ZOOM Software.

Licensor reserves the right to release the AJAX-ZOOM Software under different License Terms, different License Agreement or to stop distributing at any time.

3.5 Governing Law

This License Agreement will be governed and construed in accordance with the laws in Germany without giving effect to any principles of conflicts of laws. If, for any reason, a court of competent jurisdiction finds any provision or portion thereof to be invalid, unlegal or unenforceable, that shall not affect the validity, legality and enforceability of any other provision. As far as legally allowed, parties agree to the exclusive jurisdiction of the court in Essen, Germany.

4. Warranties & Liability

4.1 Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE AJAX-ZOOM SOFTWARE IS AT YOUR SOLE RISK AND THAT THE RISK IS ACCEPTABLE TO YOU. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE AND THAT THE SOFTWARE WILL BE COMPATIBLE WITH OTHER THIRD PARTY SOFTWARE, BROWSERS, SERVERS, PLATFORMS AND LIKEWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

4.2 Limitation of Liability

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AJAX-ZOOM SOFTWARE, HOWEVER CAUSED, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THEN LICENSOR's AGGREGATE LIABILITY TO YOU FOR ALL DEMAGES EXCEED THE AMOUNT PAID FOR THE SOFTWARE LICENSE.

5. Commercial License

This paragraph applies to You only, if You have paid the fee for a Commercial License, specified at www.ajax-zoom.com; Unless explicitly stated differently in this paragraph all terms and conditions of this License Agreement remain valid.

5.1 Commercial Terms of Use

Subject to the terms and conditions of this License Agreement, Licensor hereby grants You a worldwide, non-exclusive, perpetual right to use AJAX-ZOOM on a commercial website as defined in 1.4 and within one internet domain on a per customer basis.

One internet domain includes all sub-domains and any number of different first level country domains with the same wording base, e.g. your-site.com, your-site.co.uk, your-site.de and/or subname.your-site.com, but only if this sub-domains and/or first level country domains are used and owned by You (on a per customer basis).

Alternatively You can bind the License Key to a specific IP-Address to serve one or more domains with the same content. However it can not be guaranteed, that You will receive a new License Key in case this IP-Address changes over time.

There are different License Types named "Basic", "Standard", "Business", "Corporate" and "Unlimited". These Licenses differ in the amount of images that can be displayed simultaneously on Your internet domain. By purchasing a Commercial License and use of AJAX-ZOOM You agree not to exceed the amount of images limited by the purchased License Type.

5.2 License Fee

All published prices are subject to be changed at any time and without any prior notice. Successful online transaction provided published prices constitute a valid offer in the moment of purchase of a Commercial License.

5.3 Delivery

Upon paying the fee for a Commercial License, it is Licensor's obligation to deliver a License Key. The License Key can only be delivered by email specified during transaction and within five working days after receipt of the payment. By using electronic payments such as PayPal the License Key is usually delivered immediately after the payment is confirmed.

The AJAX-ZOOM software package is delivered via download on www.ajax-zoom.com; It can be downloaded and tested prior to paying the License Fee.

5.4 Support

The Licensor provides unlimited access to technical support via email. Contrary to paragraph 3.3 Licensor guarantees the provision of technical support for at least 45 days after the purchase of a Commercial License. This guarantee does not imply, that a particular problem can be solved by the support. Also does not technical support include any customization or installation services. These services can be subject of separate agreement.

5.4 Version Updates and Upgrades

• Upgrades to generally available bug fix- and minor releases are free.
• Upgrades to major releases are discountable but not fixed to any particular percentage or amount.
• Upgrades within different License Types as stated in 5.1 are only possible to "Corporate" and "Unlimited" Licenses. In this case the License Fee paid for a smaller License Type accounts to 50%. Downgrades are not possible.