This license agreement (the “Agreement”) for the use of the TinyPNG and TinyJPG Photoshop plugin (the “Software”) is between Tinify B.V. (“Tinify”) and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.
The Software, together with all materials included in or distributed through it, is licensed, not sold, to you by Tinify. Tinify reserves all rights not expressly granted to you within this Agreement.
By downloading, installing, copying or otherwise using all or any portion of the Software you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use the Software.
Use and restrictions
Tinify grants you a non-exclusive license to use the Software on either (a) one computer used by many people, or (b) several computers used by the same person. A multi-user license can be used either (a) on the selected number of computers by any number of users or (b) by the selected number of users on any number of computers.
You agree not to transfer, resell, assign, rent, lease, sublicense or lend the Software to any other person or entity except as expressly provided herein. Any attempt to use the Software in another way shall render the license void.
A license to use the Software granted to you under this Agreement is limited to the current major release of the Software only. Tinify at its sole discretion will decide when a version of the Software will be considered a new major release.
Tinify respects the intellectual property rights of others. Tinify asks you to respect the intellectual property rights of Tinify. All rights, title and interest in and to such property will remain solely with Tinify. You may not redistribute any part of the Software and you agree not to change, modify, reverse engineer, disassemble, decompile or attempt to reveal the inner workings of the Software.
Third party licenses
The Software makes use of third party software, which is subject to other terms and conditions. The specific license conditions and official copyright notices of these third party software can be found on the “About” window of the Software. You hereby agree to these third party terms and conditions.
If the Software is the subject of a claim of infringement or alleged infringement of intellectual property rights, Tinify will have the right to procure for you the right to continue to use the Software, replace the Software in such a way as to make the modified version non-infringing, or terminate this Agreement.
Tinify may render this Agreement void if it finds that the information you submitted when buying the Software is incorrect or outdated. Tinify may use the information you provide to validate your license rights or to contact you with information about the Software.
Disclaimer of warranties
The Software is provided “as is”. Tinify and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tinify nor its suppliers and licensors, make any warranty that the Software will be error free and cannot warrant the performance or results you may obtain using the Software.
Tinify does not warrant that the Software operates on the computer you intend the Software to be used on and you are solely responsible for obtaining a computer compatible with the Software.
Limitation of liability
In no event will Tinify, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the original purchase price. Tinify shall have no liability for any failure or delay due to matters beyond their reasonable control or from inability to use the Software. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Tinify, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Software, including but not limited to your violation of this Agreement.
Tinify reserves the right to change the terms of this Agreement in any future major or minor release of the Software. Use of future releases of the Software constitutes acceptance of the changes in the Agreement.
Tinify may terminate this Agreement if you fail to comply with the terms and conditions. In such event you must cease to use the Software and remove all data of the Software that you hold in possession.
Applicable law and jurisdiction
Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Software will be governed by the laws of the state of the Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Amsterdam, the Netherlands. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
This Agreement constitutes the entire agreement between Tinify and you concerning the subject matter hereof.