[@Cybertooth] We are sorry to here Cybertooth that you will not be using our software. This is a direct quote from the license and in no way does it state that we would be able to go back to our users and claim they owe us taxes in that way. Please see the bold statement as this does pertain to the price paid which is 0$ for this giveaway. Your statement is mildly slanderous and honestly seems like a competitor to me. Thanks for your concern though, but at Imagisizer we have been developing this product since 2008 and we would not do that to our users.
Sincerely, Ryan Williams Owner/CEO http://www.imagisizer.com8. Taxes. In addition to all other amounts due hereunder, Licensee shall also pay to Developer, or reimburse Developer as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Developer. In no event shall Licensee be obligated to pay any tax paid on the income of Developer or paid for Developer’s privilege of doing business.
Thanks for getting back on this.
I’m not a competitor! In fact, until your software showed up on SoS a couple of days ago, I did not know that there was such a thing as software to compress image files. I’m not a developer and the only computer program I ever wrote was “Hello, world!” in BASIC ages ago. :)
So, just to make sure, is this “property tax on the Software” imposed on you based on the amount of each purchase of Imagisizer? Where I live, a property tax is based on the overall assessed value of the property in question (like a building) and not on a per-purchase basis. In that respect it’s a bit like the “business privilege” tax which your license agreement does explicitly exempt the user from paying for: it’s a general tax and not itemized to each sale. I can see passing along a sales tax, but not a property tax as I understand it. The text you highlighted refers to taxes of the sales and excise kind, which apply on a per-purchase basis, but again I am not aware of property taxes that apply per purchase.
If it turns out that this property tax is assessed to you on a per-purchase basis, then I can see why it’s included in the license agreement, and my question will be taken care of.
Thanks in advance for clearing this up.